Jed Sonnenshein and Rachel Van Amburg | Otten Johnson Robinson Neff + Ragonetti While Colorado struggles with an ongoing housing supply deficit and potential buyers grapple with interest rate resistant prices and higher costs of borrowing, local and state governments are entertaining all kinds of potential solutions to Colorado’s affordable and attainable housing issues, including… Continue reading Proposed State Legislation Would Nearly Double the Statute of Repose under the Colorado Construction Defect Action Reform Act and Expand Plaintiffs’ Rights
Tag: construction defects
Recent Statutory Changes Cap Retainage on Applicable Construction Projects
Patrick McKnight | Dispute Resolver Recent reforms to certain state retainage laws have reduced the lawful amount of withholding permitted on construction projects. In theory, retainage allows an owner to mitigate the risk of incomplete or defective work by withholding a certain portion of payment until the construction project is substantially complete. Recent statutory developments… Continue reading Recent Statutory Changes Cap Retainage on Applicable Construction Projects
“Catastrophic” Construction?: The Government’s Continued Payment Defeats Materiality
Tirzah S. Lollar, Megan Pieper and Eliza Buergenthal | Arnold & Porter This January, the Eastern District of Pennsylvania rejected a subcontractor’s doomsday allegations that a general contractor had submitted false claims for defective construction work on a project to build a new school on the Marine Corps Base in Quantico, Virginia. In Chowns Group LLC… Continue reading “Catastrophic” Construction?: The Government’s Continued Payment Defeats Materiality
Illinois Supreme Court Finds Construction Defect Claim Triggers Initial Grant of Coverage
Tred R. Eyerly | Insurance Law Hawaii The Illinois Supreme Court found that the underlying allegations addressing construction defects were sufficient to establish “property damage” caused by an “occurrence.”Acuity v. M/I Homes of Chicago, LLC, 2023 Ill. LEXIS 1019 (Ill. Nov. 30, 2023). M/I Homes was the general contractor for a… Continue reading Illinois Supreme Court Finds Construction Defect Claim Triggers Initial Grant of Coverage
LEG 3 – Has America sneezed?
Jonathan Bruce | HFW We have recently seen a further eyebrow raising decision on LEG 3 (a defects exclusion/write back) under a Construction All Risks (“CAR”) policy coming out of the US, the second in only three months. These will attract some attention for insurance market participants in other jurisdictions because of the dearth of… Continue reading LEG 3 – Has America sneezed?