You Should (Almost) Never Request A Jury For A Construction Case

Scott S. Orenstein Construction Contract disputes are complicated legal matters.  Both sides usually have valid points to make.  The winner is determined by the application of relatively complex facts to the law.  Such cases often involve information beyond the knowledge and understanding of the average juror.  Although it is true that most judges do not… Continue reading You Should (Almost) Never Request A Jury For A Construction Case

Professional Services Exclusion Precludes Coverage For Design Defect Claims

Wiley Rein – May 23, 2013 Applying Nevada law, a federal district court held that an insurer has no duty to defend or indemnify claims alleging damage from design defects in houses constructed by the insureds due to the policy’s professional services exclusion. St. Paul Fire & Marine Ins. Co. v. Del Webb Communities, Inc.,… Continue reading Professional Services Exclusion Precludes Coverage For Design Defect Claims

Watered-down Nevada Construction Defect Bill Gets Hearing

Brian Duggan – June 2, 2013 A last-ditch effort by Assembly Republicans to get a watered-down construction defect bill passed this session got a committee hearing on Sunday. Assemblyman Pat Hickey, R-Reno, is pushing Assembly Bill 504, which has the backing of construction industry representatives, but is opposed by trial lawyers who represent homeowners. And… Continue reading Watered-down Nevada Construction Defect Bill Gets Hearing

State Senate Targets Nevada’s Construction Defect Law

Sandra Chereb – June 1, 2013 Construction defect laws intended to protect consumers have morphed into a trial lawyer’s dream and a nightmare for Nevada’s building trades, putting many out of business and sending the cost of insurance skyrocketing, representatives of the homebuilding and construction industry said recently. But in testimony before the Senate Judiciary… Continue reading State Senate Targets Nevada’s Construction Defect Law

Alabama Supreme Court Affirms Summary Judgment In Favor Of Insurer Where Policyholders Cannot Demonstrate That Faulty Workmanship Claims Constitute Occurrences Under Policy

Hillary Coombs Jarvis and Jill C. Maguire – May 28, 2013 In Shane Traylor Cabinetmaker, L.L.C. et al. v. American Resources Insurance Co., No. 1110418, 2013 Ala. LEXIS 42 (Ala. May 3, 2013), the Alabama Supreme Court affirmed summary judgment in favor of insurer American Resources because its policyholders did not establish that faulty workmanship… Continue reading Alabama Supreme Court Affirms Summary Judgment In Favor Of Insurer Where Policyholders Cannot Demonstrate That Faulty Workmanship Claims Constitute Occurrences Under Policy