Advise & Consult, Inc. | September 9, 2015 Construction defect notices under Chapter 558 of the Florida “notice and repair’ statute, “does not constitute a ‘civil proceeding’” and thus “is not a ‘suit’” triggering an insurer’s duty to defend as ruled on in Altman Contractors, Inc. v. Crum & Forster Specialty Ins. Co., No. 13–80831–CIV, 2015… Continue reading Construction Defect Notice Under Right to Repair Statute
Design Professionals Protection from Third-party Liability
Eugene Peterson | Advise & Consult, Inc. | September 8, 2015 Attorneys T. Darren Barker (Michelman & Robinson, LLP); Melissa Dewey Brumback (Ragsdale Liggett) and Forensic Architect Dean J. Vlahos (Dean J. Vlahos FAIA & Associates), during the 1st annual Intermountain Construction Defects and Dispute Conference (CDDC) held May 15, 2015 in Salt Lake City,… Continue reading Design Professionals Protection from Third-party Liability
Arbitration Powers Expanded in New AAA Construction Industry Rules
Advise & Consult, Inc. | September 4, 2015 Construction disputes are often very complex and involve highly technical concepts, vast amounts of evidence and expert witness testimony. All of those aspects come after possibly hours of discovery and motions that complicate the timeframe for finding a resolution and obviously increase costs and uncertainty resolving the… Continue reading Arbitration Powers Expanded in New AAA Construction Industry Rules
Hail Storm “Cosmetic” Damage & Direct “Physical” “Loss”
Advise & Consult, Inc. | September 3, 2015 Cosmetic damage (small dents) occurred to a metal roof resulting from a hail storm. The insurer filed a claim with its carrier, Cincinnati Ins. Co., and an insurance adjuster inspected the roof and other than the dents, there was little other evidence of damage. The estimate of… Continue reading Hail Storm “Cosmetic” Damage & Direct “Physical” “Loss”
Duty of Care Not Owed to Non-Original Homeowners
Advise & Consult, Inc | September 2, 2015 The construction industry got an answer they have been waiting for, particularly in Arizona. The Arizona Court of Appeals ruled on Sullivan v. Pulte Home Corp., No. 1 CA-CV 14-0199 as to whether homebuilders, as well as other construction professionals, are indefinitely subject to construction defect claims. … Continue reading Duty of Care Not Owed to Non-Original Homeowners