Craig Martin | Construction Contractor Advisor | May 25, 2015 A Texas Court of Appeals, in USA Walnut Creek, DST v. Terracon Consultants, Inc., recently ruled that an engineer owed a duty to the buyer of an apartment complex, even though the engineer had no contractual relationship with the buyer. This is an expansion of the… Continue reading Do Engineers Owe a Duty to Third Parties?
Watchdogs Fight ‘Insurance Immunity Act’
Ryan Kocian | Courthouse News Service | May 19, 2015 An insurance bill pending in the Texas Legislature would “gut the laws” so thoroughly that a citizens’ group calls it the “Insurance Immunity Act.” Senate Bill 1628 , by Sen. Larry Taylor, R-Friendswood, has passed in the Senate but has not yet been voted on… Continue reading Watchdogs Fight ‘Insurance Immunity Act’
Requirements Tighten for Construction Defect Claims
Michael N. Kreitzer and Brandon P. Rose | Homebuilder Legal | April 6, 2015 The Florida Senate is following a recent national trend of tightening its laws governing construction defect claims. Currently, under FL. Stat. § 558.004, entitled Notice and Opportunity to Repair, a party claiming a construction defect must serve a notice of claim… Continue reading Requirements Tighten for Construction Defect Claims
Florida Court Extends Statutes of Limitations and Repose for Construction Defects
Under Florida law, the four year statute of limitations and the ten year statute of repose both begin to run from “the date of actual possession by the owner, the date of the issuance of a certificate of occupancy, the date of abandonment of construction if not completed, or the date of completion or… Continue reading Florida Court Extends Statutes of Limitations and Repose for Construction Defects
Bad Faith Claim for Inadequate Investigation Does Not Survive Summary Judgment
Tred Eyerly | Insurance Law Hawaii | May 18, 2015 The insured’s claim for bad faith investigation regarding their hail damage claim did not survive the insurer’s motion for summary judgment. Amarillo Hospitality Tenant, LLC v. Mass. Bay Ins. Co., 2015 U.S. Dist. LEXIS 56228 (N. D. Tex. April 29, 2015). A hailstorm caused damage to… Continue reading Bad Faith Claim for Inadequate Investigation Does Not Survive Summary Judgment