Brendan P. Bradley | Gordon Rees Scully Mansukhani | February 28, 2019 Condominium conversions may present developers and contractors with both additional defenses and potential liability pitfalls when a defect action is subsequently alleged by an HOA. On the plus side for the converter, unlike new residential construction projects, California Civil Code Section 896, which… Continue reading Condominium Conversions Defect Actions Under California Law: Not Your Run-of-the-Mill Defect Case
Tag: construction defects
At What Cost? Navigating the Costly, Tricky Trends in Smaller Construction-Defect Disputes
Megan Ferris and Kristin Tannler | Construction Claims | Winter 2018 There is an ongoing trend in construction-defect litigation where lawsuits or arbitration claims involving contract, payment, or punch-list disputes transform into stubborn, unpredictable, and litigated disputes for which fees and expert costs far exceed the actual issues in dispute. These are not the multi-million-dollar… Continue reading At What Cost? Navigating the Costly, Tricky Trends in Smaller Construction-Defect Disputes
Ohio Supreme Court Narrows Coverage for Construction Defect Claims
Arnanda M. Leffler and Anastasia J. Wade | Brouse McDowell | February 10, 2019 On October 9, 2018, the Ohio Supreme Court issued its long-awaited decision in Ohio Northern Univ. v. Charles Constr. Servs., 2018-Ohio-4057, holding that a general contractor was not entitled to insurance coverage for its subcontractor’s faulty work. Since then, some commentators have… Continue reading Ohio Supreme Court Narrows Coverage for Construction Defect Claims
Ohio Supreme Court Bucks Recent Trend and Holds No Coverage for Construction Defects Under Commercial General Liability Policy
Heather Howell Wright | Bradley | December 2018 The insurance coverage analysis under a commercial general liability (“CGL”) insurance policy begins with the “insuring agreement.” The standard CGL policy provides coverage for “those sums that the insured becomes legally obligated to pay as damages because of ‘bodily injury’ or ‘property damage.’” The standard CGL policy… Continue reading Ohio Supreme Court Bucks Recent Trend and Holds No Coverage for Construction Defects Under Commercial General Liability Policy
Coyness is Nice. Just Not When Seeking a Default Judgment
Garret Murai | California Construction Law Blog | February 4, 2019 As Morrissey of the Smith’s sang: Coyness is nice, but Coyness can stop you, from saying all the things in life you’d like to. It’s not uncommon in litigation to see a complaint asking for “damages according to proof.” Call it laziness. Call it hiding the ball.… Continue reading Coyness is Nice. Just Not When Seeking a Default Judgment