Heather Howell Wright | Bradley Arant Boult Cummings | January 6, 2015 The Massachusetts Supreme Court recently held in Wyman v. Ayer Properties, LLC, that the “economic loss rule is not applicable to the damage caused to the common areas of a condominium building as a result of the builder’s negligence.” The Wyman decision is… Continue reading The Demise of the Economic Loss Rule in Construction Defect Litigation
Tag: Construction Defect Litigation
Developing Issues in Utah Construction Defect Litigation
Construction Defect Litigation: Right to Repair Act (SB 800) Does Not Eliminate Common Law Remedies for Actual Damage to Residences
Mark Ellinghouse and Jon E. Goetz – September 5, 2013 California’s Right to Repair Act (also known as SB 800) provides court remedies for a homeowner when construction defects diminish the economic value of a home, even though no personal injuries or actual property damage have occurred. A recent California appellate court decision confirmed that… Continue reading Construction Defect Litigation: Right to Repair Act (SB 800) Does Not Eliminate Common Law Remedies for Actual Damage to Residences
Legal Matters: Avoiding the Headache of Defect Claims
Dan Heilman – February 18, 2013 Once a construction project is finished, most builders want the same thing: to move on to the next one. But builders occasionally face an impediment in the form of a defect claim filed by a project owner. Complaints of defective or poorly installed windows, water intrusion, inadequate ventilation and… Continue reading Legal Matters: Avoiding the Headache of Defect Claims
Construction Defect Litigation: The Claims
Wally Zimolong – January 28, 2013 An unfortunate side-effect from the mid-2000’s construction boom is claims regarding faulty workmanship and defective construction. Because defective construction work is often latent, it may take years before the damage the defect is causing becomes apparent. Therefore, defects for homes built several years ago are just becoming apparently and… Continue reading Construction Defect Litigation: The Claims