Joseph M. Fenech | Low, Ball & Lynch | February 2017 The Right to Repair Statute in California requires a homeowner show a breach of contract or negligence to succeed. Acqua Vista Homeowners Association v. MWI, Inc. California Court of Appeals, Fourth Appellate District (January 26, 2017) Civil Code § 8951 et seq. (the “Act”)… Continue reading Construction Defect – Application of the Right to Repair Statute to Material Suppliers
Tag: construction defect
Is it One ‘Occurrence’ or Many?
Jett Abramson | Property Casualty 360° | November 9, 2016 An emerging trend: treating each alleged defect within a single construction defect suit as a separate occurrence. Much has been written about and litigated regarding the topic of an “occurrence” as it is applied within the four walls of a commercial insurance policy. There was… Continue reading Is it One ‘Occurrence’ or Many?
Consequential Damages Flowing from Construction Defect Not Covered Under Florida Law
Tred R. Eyerly | Insurance Law Hawaii | November 16, 2016 Interpreting Florida law, the United States District Court found there was no duty to defend a contractor against construction defect claims. Evanston Ins. Co. v. Dimmucci Dev. Corp. of Ponce Inlet, Inc., 2016 U.S. Dist. LEXIS 123678 (M.D. Fla. Sept 13, 2016). The insured… Continue reading Consequential Damages Flowing from Construction Defect Not Covered Under Florida Law
Calculating Prejudgment Interest in Construction Defects Cases
D. Brad Hughes | Jimerson & Cobb PA | September 15, 2016 Prejudgment interest can be a substantial amount in construction defects cases—especially if it is a large commercial construction defects case or a community association construction defects case. In these types of cases, it is often a number of years before damage from the… Continue reading Calculating Prejudgment Interest in Construction Defects Cases
General Contractor Not a “Seller” Entitled to Indemnity in Product Liability Case
J. Laurens Wilkes, Andrew D. Ness and William R. Taylor | Jones Day | July 15, 2016 On June 17, 2016, the Texas Supreme Court held that a general contractor was not a “seller” under Chapter 82 of the Civil Practice and Remedies Code and, therefore, not entitled to indemnification from the manufacturer of an… Continue reading General Contractor Not a “Seller” Entitled to Indemnity in Product Liability Case