Michael Haeberle | Patterson Law Firm When you buy a property, you trust the seller’s disclosures. But what happens when they conceal major defects? A recent court decision shows why a summary judgment was reversed, emphasizing that credibility is key. This case highlights the costly consequences of real estate misrepresentation. Buying or selling property is… Continue reading When Property Sellers Conceal Defects
Tag: construction defects
Florida Courts Reaffirm Damages Must Be Calculated as of Date of Breach in Construction Defect Cases
Lindsay McCormick | Marshall Dennehey It has been well-settled in Florida that the proper measure of damages for a breach of contract claim is calculated as of the date of the breach. In terms of a construction defect claim, it is the date the construction defect occurred. Yet, we routinely see plaintiffs including significant markups… Continue reading Florida Courts Reaffirm Damages Must Be Calculated as of Date of Breach in Construction Defect Cases
How Construction Defect Claims in Florida Expand Beyond Pre-Suit Notices
Claims Pages Florida’s Chapter 558 statute was designed to streamline construction-defect disputes and reduce litigation by requiring property owners to notify contractors of alleged defects before filing a lawsuit. This notice must reference the statute and describe the defects with enough detail to inform the contractor of the general nature of the issue. In theory,… Continue reading How Construction Defect Claims in Florida Expand Beyond Pre-Suit Notices
Oregon Supreme Court Provides Much-Needed Clarity on the State’s Law Regarding Whether Damage from Construction Defect Constitutes An “Occurrence”
Ali H. Jamwal | Saxe Doernberger & Vita The Supreme Court of Oregon recently ruled that a general contractor’s tort liability for its defective work may constitute a covered “occurrence” within the meaning of the ISO commercial general liability (“CGL”) policy, providing much needed clarity on the issue under Oregon law.[1] However, property damage arising solely… Continue reading Oregon Supreme Court Provides Much-Needed Clarity on the State’s Law Regarding Whether Damage from Construction Defect Constitutes An “Occurrence”
Colorado American Dream Act: Condominium Construction Defect Procedures
Bob Burton, Will Smith and Kristi Stotts | Winstead Colorado’s housing shortage—particularly in the for-sale condominium market—has been driven in part by the high cost and unpredictability of construction defect litigation. In 2025, the General Assembly enacted House Bill 25-1272, the Colorado American Dream Act, to address these barriers and encourage new condominium development. The… Continue reading Colorado American Dream Act: Condominium Construction Defect Procedures