Daniel Miske | Husch Blackwell LLP | August 29, 2018 A Court in Colorado recently dealt with a developer who placed a provision in the declaration of a condominium association prohibiting amendment of the declaration – ever – without the declarant’s written consent, and requiring that all construction defect claims be resolved through arbitration (Vallagio… Continue reading Developers Sometimes Draft Documents For Their Own Benefit
Tag: Construction Defect Claims
Rights, Remedies and Procedures for Addressing Construction Defect Claims in Florida
Scott Topolski | Cole Schotz | August 16, 2018 Florida has implemented a rather simple statutory scheme to address claims that a real property owner believes she may have against a contractor, subcontractor, supplier or design professional for construction defects on her property—whether those defects involve construction, repairs, remodeling or alterations to the property. The… Continue reading Rights, Remedies and Procedures for Addressing Construction Defect Claims in Florida
Deconstructing Construction Claims – Issues to Consider When Handling Construction Defect Subrogation
William L. Doerler and Victoria Phillips | CLM | May 3, 2018 Construction defect claims often are complicated by a variety of issues, including those related to the statute of repose and contractual bars to recovery. In order to maximize the subrogation potential for these claims, you should deconstruct any potential subrogation barriers and, upon… Continue reading Deconstructing Construction Claims – Issues to Consider When Handling Construction Defect Subrogation
Duty to Defend Pre-Litigation Construction Defect Claims
Christopher P. Ferragamo and Alexis P. Joachim | DRI Coverage disputes between insureds and their insurance companies over the scope of the term “suit” and whether insurers are obligated to provide insureds with a defense for quasi-judicial proceedings relating primarily to environmental clean-up actions initiated by state and federal environmental agencies have been waged for decades. The Insurance Services Office (ISO) attempted to end… Continue reading Duty to Defend Pre-Litigation Construction Defect Claims
Construction Defect Claims at Common Interest Developments
Alex M. Chazen and Jason Daniel Feld | Kahana & Feld LLP | March 8, 2018 A homeowners’ association (“HOA”) governing common interest developments is subject to a different set of requirements for construction defect claims as opposed to single-family developments. In 1995, the California legislature enacted the Calderon Act (formerly CA Civil Code §1374) which set… Continue reading Construction Defect Claims at Common Interest Developments