New Jersey Court Adopts Continuous Trigger for Construction Defect Claims

Tred Eyerly | Insurance Law Hawaii | November 15, 2017     The New Jersey Superior Court, Appellate Division, adopted the continuous trigger for establishing which insurers were on the risk for construction defect claims. Air Master & Cooling, Inc. v. Selective Ins. Co. of Am., 2017 N.J. Super. LEXIS 144 (N.J. Super. Ct., App. Div. Oct. 10,… Continue reading New Jersey Court Adopts Continuous Trigger for Construction Defect Claims

Is the Retroactive Statute of Repose for Construction Defect Claims Constitutional?

Gregory King, Esq. adn Sarah J. Odia, Esq. | Nevada Lawyer | September 2017 With the February 24, 2015, enactment of Assembly Bill 125 (2015 Nevada Laws, Ch. 2), much has changed in the world of residential construction defect litigation. One of the most dramatic shifts has been the reduction of the statute of repose… Continue reading Is the Retroactive Statute of Repose for Construction Defect Claims Constitutional?

New Requirements Under MCIOA: Preventative Maintenance Plans and Construction Defect Claims

Michael D. Klemm | Hellmuth Johnson PLLC | June 6, 2017 Important changes to Minnesota law were recently made that will affect real estate developers, builders, associations and unit owners.  Minnesota Statutes Chapter 515B, the Minnesota Common Interest Ownership Act (“MCIOA”), was amended to establish new requirements regarding preventative maintenance plans and construction defect claims… Continue reading New Requirements Under MCIOA: Preventative Maintenance Plans and Construction Defect Claims

Builder Must Respond To Homeowner’s Notice Of Claim Within 14 Days Even If Construction Defect Claim Is Not Alleged With The “Reasonable Detail” Required By California’s Civil Code – Blanchette v. Superior Court (2017) 8 Cal.App.5th 521

Richard H. Glucksman and David A. Napper | Chapman Glucksman | May 25, 2017 On February 10, 2017, California’s Fourth District Court of Appeal held that if a builder fails to acknowledge receipt of a homeowner’s Notice of Claim within 14 days, as required by the Right to Repair Act (“SB800”), specifically California Civil Code §913, the… Continue reading Builder Must Respond To Homeowner’s Notice Of Claim Within 14 Days Even If Construction Defect Claim Is Not Alleged With The “Reasonable Detail” Required By California’s Civil Code – Blanchette v. Superior Court (2017) 8 Cal.App.5th 521

Question of Insurer’s Duty Hinges on Dictionary Definition

Samantha Joseph | Daily Business Review | April 7, 2017 A dispute before the Florida Supreme Court looks like it could play by the book, specifically Black’s Law Dictionary. At the heart of the case is a question on whether insurers have a duty to intervene on a client’s behalf during pre-litigation efforts involving construction… Continue reading Question of Insurer’s Duty Hinges on Dictionary Definition