Anna Spicer | Construction Executive Neither owner nor tenant desires construction related litigation, but should it arise, here are some tips for preserving evidence and moving forward. Every major construction project comes with risk, whether it’s a warehouse build, a multifamily development or a major renovation. Parties tend to be aligned when things are proceeding as planned. But when… Continue reading Balancing the Right to Repair With Evidence Preservation in Construction Defect Litigation
Tag: Construction Defect Disputes
Collapse Claim Fails Due To Defectively Designed Roof and Deck
Tred R. Eyerly | Insurance Law Hawaii The insured’s claim for collapse of his roof and deck failed due to defective design and other exclusions under the policy. Dudar v. State Farm & Cas. Co., 2024 U.S. Dist. LEXIS 52706 (N.D. Ga. Feb. 6, 2024). The insured submitted a claim to State… Continue reading Collapse Claim Fails Due To Defectively Designed Roof and Deck
“That’s a Wrap!” How Wrap-Up Insurance Policies Have Streamlined Construction Defect Litigation
Michael P. Zech | Koeller Nebeker Carlson & Haluck Construction defect litigation was traditionally slow-moving, contentious, and costly for several reasons. First, the sheer number of parties—the property owner, the general contractor, and many subcontractors—typically involved in the litigation made prompt and efficient resolution difficult. With so many parties having various interests that sometimes aligned… Continue reading “That’s a Wrap!” How Wrap-Up Insurance Policies Have Streamlined Construction Defect Litigation
Contractor Loses Effort to Bind Remote Home Purchaser to Arbitration Clause
Jon Paul Hoelscher and Amendeep S. Kahlon | Buildsmart On December 8, 2020, in Taylor Morrison of Texas, Inc. v. Kohlmeyer, a Texas Court of Appeals rejected a contractor’s appeal of a trial court order denying the contractor’s motion to compel arbitration in a home construction defect dispute. The appellate court concluded that the theories of… Continue reading Contractor Loses Effort to Bind Remote Home Purchaser to Arbitration Clause
When Do Defects Prevent Practical Completion?
Julian Bailey, Emma Knight and Helena Payne | White & Case | April 4, 2019 Practical completion represents the physical completion of works on construction projects. Despite its importance, it is not a legal term of art, and whether or not practical completion has been achieved requires determination on a case-by-case basis. The recent judgment in Mears Ltd v… Continue reading When Do Defects Prevent Practical Completion?