Richard J. Maleski and Joseph F. Rich | Cozen O’Connor | September 20, 2018 Florida imposes a statutory requirement to provide pre-suit notice to recovery targets when the potential claim involves construction defects. While the required notice tolls the statute of limitations for such claims, an open question remained regarding what effect the notice would… Continue reading Florida Court Clarifies That Pre-Suit Notice for Construction Defect Claims Tolls Statute of Repose
Tag: construction defects
Insurer’s Summary Judgment Motion to Reject Claim for Construction Defects Upheld
Tred R. Eyerly | Insurance Law Hawaii | July 23, 2018 The Third Circuit upheld the district court’s order granting summary judgment in favor of the insurer on a claim seeking coverage for construction defects. Lenick Constr. v. Selective Way Ins. Co., 2018 U.S. App. LEXIS 15197 (3d Cir. June 6, 2018). Westrum was the general… Continue reading Insurer’s Summary Judgment Motion to Reject Claim for Construction Defects Upheld
Supreme Court of Idaho Rules That Substantial Compliance With the Notice and Opportunity to Repair Act Suffices to Bring Suit
Lian Skaf | The Subrogation Strategist | July 10, 2018 In Davison v. Debest Plumbing, Inc., 416 P.3d 943 (Ida. 2018), the Supreme Court of Idaho addressed the issue of whether plaintiffs who provided actual notice of a defective condition, but not written notice as stated in the Notice and Opportunity to Repair Act (NORA), Idaho… Continue reading Supreme Court of Idaho Rules That Substantial Compliance With the Notice and Opportunity to Repair Act Suffices to Bring Suit
New Jersey’s Highest Court Scrutinizes Statutes of Limitation and the Discovery Rule in Construction Defect Cases
Robert C. Neff, Jr. | Wilson Elser | July 11, 2018 The typical construction defect case presents an up-front analytical challenge: the defense attorney is presented with boxes of project materials, perhaps an extensive case history and prior discovery, and likely an unhappy (but these days, resigned) client. So you start with the basics: a… Continue reading New Jersey’s Highest Court Scrutinizes Statutes of Limitation and the Discovery Rule in Construction Defect Cases
How to Be an Effective Expert Witness in a Construction Dispute
Kent B. Scott | Babcock Scott & Babcock, PC | June 28, 2018 Being an expert witness in a construction dispute can be a difficult and stressful experience, but one that is made easier by following a helpful set of rules that govern the process. An expert witness is placed in a very controlled environment… Continue reading How to Be an Effective Expert Witness in a Construction Dispute