Beware Design Professionals- Construction Defect Litigation is not just for Subcontractors Anymore

Allison M. Martin | Newmeyer & Dillion LLP | June 10, 2015 In Beacon Residential Community Assn v. Skidmore, Owings & Merrill LLP (2014) 59 Cal.4th 568, the California Supreme Court issued a broad ruling creating potentially extensive liability for architects who are the principal designers of residential projects. The Court held that such design… Continue reading Beware Design Professionals- Construction Defect Litigation is not just for Subcontractors Anymore

The Demise of the Economic Loss Rule in Construction Defect Litigation

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

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