Lydia DePillis – August 7, 2013 Whenever you build a building, most states require you to obey thick books full of standards for all the specs that make it safe and sturdy. Those standards are developed by professional societies and trade associations, like ASTM International, whose members are contractors and equipment manufacturers and other technical… Continue reading Should Legal Codes be Copyrighted? Let’s Sue to Find Out!
Category: Construction Law
Attorney Predicts More Lawsuits Over Home Defects
September 13, 2013 A recent state appellate court ruling that California’s Right to Repair Act is not the exclusive remedy for homeowners for actual damages resulting from construction defects will increase homeowner suits over defective construction, predicts David Frenznic, an attorney with the Sacramento law firm Wilke, Fleury, Hoffelt, Gould & Birney LLP. Although the… Continue reading Attorney Predicts More Lawsuits Over Home Defects
There’s More Than One Way to Skin a Cat When it Comes to Actual Damages Under SB 800
Garret Murai – September 10, 2013 In 2002, the California State Legislature enacted S.B. 800 also known as the “Right to Repair Act” (Civil Code sections 895 et seq.). SB 800, which applies to newly constructed single-family residences sold after January 1, 2003, was intended to curb construction defect lawsuits by giving developers an opportunity… Continue reading There’s More Than One Way to Skin a Cat When it Comes to Actual Damages Under SB 800
A Cautionary Insurance Tale for Project Owners
Stan Martin – September 4, 2013 The contractor’s excavator digging the foundation for a new building undermines the abutting building, which collapses, and a worker is injured. In the subsequent lawsuits, one by the abutter and one by the injured worker, the project owner tenders the defense to its GL carrier. The carrier eventually gets… Continue reading A Cautionary Insurance Tale for Project Owners
Construction Defect Litigation: Right to Repair Act (SB 800) Does Not Eliminate Common Law Remedies for Actual Damage to Residences
Mark Ellinghouse and Jon E. Goetz – September 5, 2013 California’s Right to Repair Act (also known as SB 800) provides court remedies for a homeowner when construction defects diminish the economic value of a home, even though no personal injuries or actual property damage have occurred. A recent California appellate court decision confirmed that… Continue reading Construction Defect Litigation: Right to Repair Act (SB 800) Does Not Eliminate Common Law Remedies for Actual Damage to Residences