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
Tag: Construction Defect Disputes
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?
Avoiding Spoliation of Evidence is an Ongoing Obligation
Julian E. Nelser | Spilman Thomas & Battle | October 17, 2018 Destruction of evidence can be fatal in any lawsuit, but it is especially troubling in construction defect disputes. It’s always important to allow an opponent and their expert the opportunity to inspect premises and review the alleged defects. A recent Pennsylvania appellate decision… Continue reading Avoiding Spoliation of Evidence is an Ongoing Obligation
Florida Supreme Court Confirms 558 is Not a Civil Proceeding, Allowing Contractors and Design Professionals to Resolve Defect Disputes as Intended by the Legislature
Brian A. Wolf and Joseph R. Young | Smith Currie & Hancock | December 14, 2017 Contractors and design professionals are entitled to notice of alleged defects in their work and the opportunity to fix them without intervention by insurance companies and needless litigation. Today, Florida’s Supreme Court in Altman Contractors, Inc. v. Crum & Forster… Continue reading Florida Supreme Court Confirms 558 is Not a Civil Proceeding, Allowing Contractors and Design Professionals to Resolve Defect Disputes as Intended by the Legislature