Daniel Miske | Husch Blackwell Facts Plaintiff, Brooktree Village Homeowners Association, Inc. (“Association”), filed suit “on behalf of itself and on behalf of its members” in May 2017 against the second developer, Brooktree Village, LLC (“Developer”). Developer had acquired the remaining undeveloped portions of the development, other than the common areas. “A construction company affiliated… Continue reading Developers/Declarants Are Liable For Implied Warranties To Association For Construction Defects
Tag: construction defects
Texas Legislation Filed to Relieve Contractors of Liability Resulting From Design Defects
Brian Comarda andAllison K. Wells | Gordon Rees Scully Mansukhani Currently, Texas is one of only two states where a contractor may be held liable for defects related to construction designs, plans, or specifications – even if provided by the hiring party (i.e., the owner, owner’s agent or design professional). However, new legislation in Texas (SB… Continue reading Texas Legislation Filed to Relieve Contractors of Liability Resulting From Design Defects
You Can’t Always Get What You Want – “Economic Waste” in Construction Defect Claims
Michael L. Meyer | Taft The Rolling Stones’ Mick Jagger famously sang, “You can’t always get what you want, but if you try sometime, you’ll find you get what you need.” Jagger wasn’t singing about damages in construction defect litigation. But his message rings true, especially when the cost to repair a defect is high… Continue reading You Can’t Always Get What You Want – “Economic Waste” in Construction Defect Claims
Contractor Haunted by “Demonized” Flooring
Garret Murai | California Construction Law Blog The most un-Halloween of Halloweens has come and gone. If you ask me though, between COVID, protests, fires, hurricanes, the passing of a Supreme Court Justice, and one of the most hotly contested elections in U.S. history, we’ve had enough scares this year to make up for it and then… Continue reading Contractor Haunted by “Demonized” Flooring
Can You Get Stuck With Stucco? Coverage Under An EIFS Exclusion For Property Damage Caused By Construction Defects
Kathy Maus and J. Blake Hunter | Butler Weihmuller Katz Craig Many commercial general liability policies contain an exterior insulation and finish systems (EIFS) exclusion, which bars coverage under specific circumstances when EIFS is used in construction. EIFS is also known as synthetic stucco and generally refers to a multi-layered exterior building finish. EIFS usually… Continue reading Can You Get Stuck With Stucco? Coverage Under An EIFS Exclusion For Property Damage Caused By Construction Defects