Tred R. Eyerly | Insurance Law Hawaii Given the underlying allegations of damage to personal property, the court determined the insurer had a duty to defend. Certain Underwriters at Lloyd’s London v. Metropolitan Builders, Inc., 2019 Ill. App. LEXIS 979 (Ill. Ct. App. Dec. 18, 2019). Metropolitan was hired as the general… Continue reading Illinois Court Determines Duty to Defend Construction Defect Claims
Tag: Construction Defect Claims
Does the Florida Legislature Finally Have a Fix to Construction Defect Law?
Jeffrey S. Wertman | Berger Singerman Chapter 558 of the Florida Statutes contains a pre-suit notice and opportunity-to-repair process for construction defect claims. The statute was intended to be a more efficient, alternative dispute resolution mechanism involving a property owner providing written notice of claim to the responsible contractor, subcontractor, supplier, or design professional as… Continue reading Does the Florida Legislature Finally Have a Fix to Construction Defect Law?
You Can’t Always Get What You Want – “Economic Waste” in Construction Defect Claims
Michael L. Meyer | Taft The Rolling Stones’ Mick Jagger famously sang, “You can’t always get what you want, but if you try sometime, you’ll find you get what you need.” Jagger wasn’t singing about damages in construction defect litigation. But his message rings true, especially when the cost to repair a defect is high… Continue reading You Can’t Always Get What You Want – “Economic Waste” in Construction Defect Claims
Deadlines. . . They’re Important. Project Owner Risks Losing Claim By Failing to Timely Identify “Doe” Defendant
Garret Murai | California Construction Law Blog Earlier this year I filed a complaint in a court which I won’t identify other than to say that it wasn’t the San Francisco Superior Court. Immediately upon filing the complaint the Court gave notice of a trial date. As counsel for the party bringing the action, I… Continue reading Deadlines. . . They’re Important. Project Owner Risks Losing Claim By Failing to Timely Identify “Doe” Defendant
Colorado’s Abbreviated Legislative Session Offers Builders a Reprieve
David McLain | Higgins, Hopkins, McLain & Roswell Would you believe me if I told you that this year could have been worse for builders? Had COVID-19 not hit, the Colorado Legislature may have passed bills that would have had a severely negative impact on the home building industry. In response to the COVID-19 pandemic,… Continue reading Colorado’s Abbreviated Legislative Session Offers Builders a Reprieve