Anthony S. Wong and Lee H Jeansonne | Wood, Smith, Henning & Berman Big changes may be on the horizon for Florida statute of repose for construction claims. Florida SB 2022-736 proposes to amend Fla. Stat. §95.11(3)(c) to eliminate the distinction between patent and latent claims and apply a uniform four year statute of repose… Continue reading Florida’s Statute Of Repose – Elimination Of Stale Claims
Category: Construction Claims
Identifying and Accessing Coverage in Complex Construction Claims
Jeffrey J. Vita and Michael V. Pepe | SDV Insights I. IntroductionFirst-party, third-party, builder’s risk, professional liability, commercial general liability, wrap-ups, and additional insured status are all potential sources of insurance coverage for a large construction loss. Therefore, it is critical for construction industry participants, from owners and developers to general contractors and their subcontractors,… Continue reading Identifying and Accessing Coverage in Complex Construction Claims
Identifying and Accessing Coverage in Complex Construction Claims
Jeffrey J. Vita and Michael V. Pepe | Saxe Doernberger & Vita I. Introduction First-party, third-party, builder’s risk, professional liability, commercial general liability, wrap-ups, and additional insured status are all potential sources of insurance coverage for a large construction loss. Therefore, it is critical for construction industry participants, from owners and developers to general contractors… Continue reading Identifying and Accessing Coverage in Complex Construction Claims
What You Need to Know About Delay Claims and How to Prove or Defend Against Them
Denise M. Motta | Gordon Rees Scully Mansukhani It is inevitable that a steel fabricator will be delayed or be accused of delay on a project. There are many considerations that go into proving and defending delay claims. From a legal perspective, several issues must be addressed: (1) the type of delay; (2) proof required… Continue reading What You Need to Know About Delay Claims and How to Prove or Defend Against Them
Developer Pre-Conditions in CC&Rs Limiting Ability of HOA to Make Construction Defect Claims, Found Unenforceable
Garret Murai | California Construction Law Blog The Davis-Stirling Common Interest Development Act (Civ. Code §4000, et seq.), also known simply as “Davis-Stirling,” is a statute that applies to condominium, cooperative and planned unit development communities in California. The statute, which governs the formation and management of homeowners associations or HOAs, also governs lawsuits filed by… Continue reading Developer Pre-Conditions in CC&Rs Limiting Ability of HOA to Make Construction Defect Claims, Found Unenforceable