Stan Martin – March 12, 2013 The folks who eroded the privity rule in A.R. Moyer v. Graham have now abolished the economic loss rule in Tiara Condominium Ass’n v. Marsh & McClennan. The decision, issued March 7, 2013 by the Florida Supreme Court, is blunt: “We . . . hold that the application of… Continue reading Economic Loss Rule, 1850-2013, R.I.P.
How Minor Construction Defects Can Turn Into Major Structural Problems
These condos were built in 1980, and investigated in 2003. The nominal water intrusion took 23 years to manifest itself in the form of a minor deck surface collapse which alerted the owner to investigate. Needless to say it was well beyond the ten year statuette of limitations; this was not a restoration that was… Continue reading How Minor Construction Defects Can Turn Into Major Structural Problems
What the New “Lien Agent” Laws Mean for General Contractors
David C. Kimball – March 12, 2013 Most people in the construction industry are generally aware of the new requirements that were recently enacted to require project stakeholders to file certain paperwork with so-called “lien agents.” Lien agents are supposed to serve as a clearinghouse for lien documentation and create a more comprehensive strategy of… Continue reading What the New “Lien Agent” Laws Mean for General Contractors
Construction Code Changes Affecting New Construction And Building Renovations For Commercial And Residential Projects
Shari Shapiro – March 13, 2013 Most jurisdictions in the United States have a construction code setting the minimum standards for new construction and significant renovations of commercial and residential buildings. The construction codes are generally based on the model codes developed by the International Code Council (ICC), a nonprofit standard setting organization, that are… Continue reading Construction Code Changes Affecting New Construction And Building Renovations For Commercial And Residential Projects
Changes to New Jersey Unfair Claims Settlement Practices Act Would Rewrite Bad Faith Law to Deter Insurer Misconduct
Andrew S. Zimmerman and Lynda A. Bennett – March 8, 2013 Ostensibly responding to Superstorm Sandy, the New Jersey legislature is considering a broad change to the law addressing bad faith and unfair conduct by insurers. If the bill becomes law, it will represent a significant and policyholder-friendly change in the law governing insurer conduct.… Continue reading Changes to New Jersey Unfair Claims Settlement Practices Act Would Rewrite Bad Faith Law to Deter Insurer Misconduct