Stan Martin | Commonsense Construction Law LLC | June 2, 2018 A seemingly minor ambiguity in contract terms, probably unnoticed at the time, has affected the timeliness of a claim for construction defects. The contract was signed in 2008, after the 2007 updates to the AIA contract forms had been published. The contract form, in… Continue reading Contract Ambiguity Affected Accrual of Claim, and Statute of Limitations Analysis
Tag: construction defects
Keep It Simple Stupid: Remembering The Basics In A Construction Defect Indemnity Case To Minimize Surprises Down The Road
John Gregory and Michael Ludwig | Jones, Skelton & Hochuli PLC | May 17, 2018 There is an old saying: familiarity breeds contempt. Admittedly, residential construction defect cases can be repetitive. They usually involve the same Plaintiffs’ attorneys, the same alleged defects, and resolve in the same fashion for the same per-home amount. As a… Continue reading Keep It Simple Stupid: Remembering The Basics In A Construction Defect Indemnity Case To Minimize Surprises Down The Road
The Fallacy Of Providing Estimates, Bids From Vendors To Substantiate Alleged Construction Defect And Deficiencies Claims Are Our Industry’s Problem To Resolve
Merlin Taylor | Advise & Consult, Inc. | May 3, 2018 The credibility of an expert witness’ testimony is largely based on their ability to have an objective opinion. “Objective–not influenced by personal feelings, interpretations, or prejudice; based on facts, unbiased: an objective opinion.” In representing a client with a construction defect claim, I am… Continue reading The Fallacy Of Providing Estimates, Bids From Vendors To Substantiate Alleged Construction Defect And Deficiencies Claims Are Our Industry’s Problem To Resolve
Appellate Division Ruling in Construction Defect Case Highlights Importance of Timely Expert Testimony and Adherence to Discovery Schedules
John D. North and Charles J. Vaccaro | Greenbaum, Rowe, Smith & Davis LLP | April 23, 2018 A recent decision by the Superior Court of New Jersey Appellate Division underscores the fact that in construction defect litigation, where general contractors, project managers, architects and engineers are the primary defendants, it is imperative that qualified… Continue reading Appellate Division Ruling in Construction Defect Case Highlights Importance of Timely Expert Testimony and Adherence to Discovery Schedules
Under Colorado House Bill 17-1279, HOA Boards Now Must Get Members’ Informed Consent Before Bringing A Construction Defect Action
Luke Mecklenburg | Snell & Wilmer | April 8, 2018 Last year, I wrote a post calling attention to stalled efforts in the Colorado legislature to pass meaningful construction defect reform. Shortly thereafter, the legislature got it done in the form of House Bill 17-1279. This bill creates an important pre-litigation notice-and-approval process whenever an HOA initiates… Continue reading Under Colorado House Bill 17-1279, HOA Boards Now Must Get Members’ Informed Consent Before Bringing A Construction Defect Action