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
Tag: construction defects
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
Court Differentiates Faulty and Defective Workmanship from Vandalism or Malicious Mischief
Josh Tumen | Property Insurance Law Observer In Carr v. Spinnaker Insurance Company, the United States Court of Appeals for the Ninth Circuit upheld the district court’s finding that property damage resulting from objectionable and imperfect work performed by an unlicensed contractor did not constitute covered vandalism or malicious mischief under a property insurance policy. Instead,… Continue reading Court Differentiates Faulty and Defective Workmanship from Vandalism or Malicious Mischief
Massachusetts High Court Allows Plaintiffs to Bring Contract-Based Construction Defects Claim After Expiration of Statute of Repose
Will S. Bennett and Ali H. Jamwal | Saxe Doernberger & Vita The Supreme Judicial Court of Massachusetts recently expanded plaintiffs’ rights to bring construction defects suits in the state.[1] The ruling allows plaintiffs in Massachusetts to now bring suit even after the statute of repose for construction defect claims has passed if the cause of… Continue reading Massachusetts High Court Allows Plaintiffs to Bring Contract-Based Construction Defects Claim After Expiration of Statute of Repose