John Hinton, Linda Klein, Fielder Martin and Ben Shapiro – July 22, 2013 Homeowners sued their homebuilder alleging that the concrete foundations of their homes were improperly constructed. As a result, it was alleged that the foundations were failing, and the defects in the foundations had caused “tangible physical damage” to the homes built atop them. The… Continue reading Georgia Supreme Court Rules Construction Defects Satisfy CGL Policy’s ‘Occurrence’ Requirement
Category: Construction Law
Florida Supreme Court Rules that General Contractors are Entitled to Overhead and Profit
Restoration Industry Association – July 2013 A ruling published by the Supreme Court of Florida earlier this month held that general contractors are entitled to overhead and profit charges under a replacement cost homeowner’s policy. In Trinidad v. Florida Peninsula insurance Company, the Supreme Court said, “…we hold that an insurer’s required payment under a… Continue reading Florida Supreme Court Rules that General Contractors are Entitled to Overhead and Profit
9 Tips For Final Payment Affidavits
Aaron Thalwitzer – July 15, 2013 Don’t let a defective Contractor’s Final Payment Affidavit wreck your lien rights. Contractor’s Final Payment Affidavits are not particularly complex, but they are extremely important. Under 713.06(5)(d)(1), Florida Statutes, “[w]hen the final payment under a direct contract becomes due the contractor . . . [t]he contractor shall give to… Continue reading 9 Tips For Final Payment Affidavits
Builders in California May Further Limit the Statute of Limitations
Darren Johnson – July 19, 2013 The California Court of Appeal has upheld a provision in a construction contract by which the builder effectively shaved six years off the limitations period in which the owner could bring a construction defect lawsuit. In Brisbane Lodging L.P. v. Webcor Builders, Inc., 2013 DJDAR 7127 (June 3, 2013),… Continue reading Builders in California May Further Limit the Statute of Limitations
Construction Defects in Condominium and Townhome Associations
Matthew Meyers – July 10, 2013 After Irene, Sandy, and a record rainfall this June, it is evident why condominiums and townhomes must be built in accordance with applicable building codes, architectural plans, and manufacturer specifications. If the construction of a community association was subpar, the water infiltration from improper construction undoubtedly led to water… Continue reading Construction Defects in Condominium and Townhome Associations