David Adelstein | Florida Construction Legal Updates | March 25, 2018 Construction defect lawsuits can be complex multi-party disputes, especially when the plaintiff is doing what is necessary to maximize recovery. This means the plaintiff may sue multiple defendants associated with the defects and damage. For example, the owner (e.g., plaintiff) may sue the contractor, subcontractors, design… Continue reading Settling With Some, But Not All, Of The Defendants In A Construction Defect Case
Tag: construction defects
California Supreme Court Holds that the Right to Repair Act is a Homeowner’s Exclusive Remedy for Damages Arising from Construction Defects for New Residential Construction
Robert Nobel | TLSS Construction Law Blog | February 15, 2018 In McMillin Albany LLC et al. v. The Superior Court of Kern County (Van Tassel) [Case No. S229762], the California Supreme Court held that California Civil Code §§ 895 et seq. (the “Right to Repair Act”) provides the exclusive remedy for construction defect claims for economic loss and resulting… Continue reading California Supreme Court Holds that the Right to Repair Act is a Homeowner’s Exclusive Remedy for Damages Arising from Construction Defects for New Residential Construction
CA Supreme Court Clarifies Scope of Right to Repair Act
Kevin Meade and Scott Halberstadt | The Amin Law Group | February 1, 2018 After a long wait, the California Supreme Court issued its opinion in McMillin Albany, LLC v. Superior Court regarding the application and interpretation of California’s Right to Repair Act (the comprehensive statutory scheme for construction defect claims for newly built residences;… Continue reading CA Supreme Court Clarifies Scope of Right to Repair Act
CA Supreme Court: Right to Repair Act (SB 800) is the Exclusive Remedy for Residential Construction Defect Claims – So Now What?
Steven M. Cvitanovic | Haight Brown & Bonesteel | January 25, 2018 A torrent of alerts have been flooding e-mail inboxes regarding the California Supreme Court’s decision in McMillin v. Superior Court, to reverse the Liberty Mutual Insurance Company v. Brookfield Crystal Cove LLC (2013) case, but with little discussion about the practical effects of the ruling.This alert will… Continue reading CA Supreme Court: Right to Repair Act (SB 800) is the Exclusive Remedy for Residential Construction Defect Claims – So Now What?
Court Rules That Insurers Must Treat Notice of Claim for Construction Defects as a “Suit”
Mike Seemuth | The Real Deal | January 21, 2018 The Florida Supreme Court ruled on a case centering on construction of the Sapphire Condominium in Fort Lauderdale and Altman Contractors Inc. The Sapphire Condominium in Fort Lauderdale (Credit: Keller Williams Realty) The Florida Supreme Court ruled that filing notice of a claim for a… Continue reading Court Rules That Insurers Must Treat Notice of Claim for Construction Defects as a “Suit”