J. Curtis Greene | Barnes & Thornburg | October 22, 2019 When claiming damages for construction defects, the doctrine of economic waste is often forgotten or ignored, even among sophisticated parties and counsel, potentially at great cost. Unwary parties to a dispute typically jump to – and focus significant time, money and energy on –… Continue reading To Claim Damages For Repair Costs Or Not? Beware The Economic Waste Doctrine
Tag: Construction Defect Claims
Ohio Supreme Court: All Claims for Defective Construction or Design Must Be Brought Within 10 Years of Substantial Completion
Peter Hahn | Benesch | July 19, 2019 The Ohio Supreme Court has ruled any lawsuit for defective and unsafe conditions arising from the design or construction of an improvement to real property must be brought within 10 years of substantial completion of the project—regardless of whether the lawsuit arises out of a breach of… Continue reading Ohio Supreme Court: All Claims for Defective Construction or Design Must Be Brought Within 10 Years of Substantial Completion
Important New Reporting Requirement for Some Construction Defect Settlements
Ian Williamson | Construction Law Blog | March 5, 2019 In response to a tragic balcony collapse incident where the public later learned the contractor had paid millions to settlement defect cases in the preceding years, the California legislature passed, the state contractor’s license board is now implementing, a public disclosure requirement for certain construction… Continue reading Important New Reporting Requirement for Some Construction Defect Settlements
Arizona Legislature Makes Significant Revisions to Shape of Construction Defect Claims
John Gregory | Jones, Skelton & Hochuli | April 18, 2019 On April 10, 2019, Governor Doug Ducey signed SB 1271 into law. The product of over two years of lobbying and interest group meetings, this bill makes significant changes to the existing the laws relating to residential construction in myriad ways. REVERSING AMBERWOOD – PROPORTIONAL LIABILITY… Continue reading Arizona Legislature Makes Significant Revisions to Shape of Construction Defect Claims
Illinois Supreme Court Limits Reach of Implied Warranty Claims Against Contractors
Thomas Cronin | Construction Law Blog | February 25, 2019 In a recent decision, the Illinois Supreme Court held that a purchaser of a newly constructed home could not assert a claim for breach of the implied warranty of habitability against a subcontractor where the subcontractor had no contractual relationship with the purchaser. Sienna Court Condo.… Continue reading Illinois Supreme Court Limits Reach of Implied Warranty Claims Against Contractors