Caroline Claire Turtle | Wilson Elser BackgroundA roofer for a sixty-five-townhome community is notified that the homeowners association of the townhome community has filed a claim alleging construction defects and resulting property damage related to the roofer’s scope of work. In the period between completion of the roofing work and the commencement of litigation, evidence… Continue reading Mitigation of Damages in Construction Defect Claims: Applying Florida’s Avoidable Consequences Doctrine
Tag: construction defects
Shot Clock Violation: Judge Tosses Untimely Construction Defect Claims
John Mark Goodman | BuildSmart In basketball there is a shot clock. Once a team has the ball, it must shoot within 30 seconds. We’re obviously talking about college basketball since its March, but the NBA has a similar 24-second shot clock. Failure to shoot within the required time automatically gives the ball back to the other… Continue reading Shot Clock Violation: Judge Tosses Untimely Construction Defect Claims
Legal Q&A: Who is Responsible for Construction Defects?
Cody Schneider | Peckar & Abramson Q. We completed a large commercial office project a few years ago, and defects are emerging with multiple trades. Their contractual warranties were for a year. Is there any way to force them back to correct their work even though we are past the year? A. Even though the… Continue reading Legal Q&A: Who is Responsible for Construction Defects?
Don’t Spoil It! The Line Between the Need for Repairs and Spoliation of Evidence
J. Daniel Weidner and Kaci M. Claborn | Koley Jessen When construction disputes arise, your first instinct may be to repair any defects immediately. However, acting too quickly can lead to unintended legal consequences. This issue, known as spoliation of evidence, occurs when evidence critical to a lawsuit is altered, destroyed, or otherwise not preserved. For… Continue reading Don’t Spoil It! The Line Between the Need for Repairs and Spoliation of Evidence
Who is Liable When Multiple Contractors Cause a Defect?
Clendening Johnson & Bohrer When a construction defect appears, many property owners want a clear answer to one question: who is responsible? On most Indiana building projects, many people take part in the work. General contractors, subcontractors, designers and suppliers can all share the blame. Because so many different hands touch a single project, liability… Continue reading Who is Liable When Multiple Contractors Cause a Defect?