Tag: construction defects

Defeating the Ten-Year Statute of Repose For Latent Construction Defects

Porter Law Group | January 2015 It is an all-too-common scenario in California construction: Nine and a half years after completion of a major California construction project, immediately before the 10-year “statute of repose” for suing on “latent” construction defects expires, a lawsuit claiming damages for “recently discovered” latent construction defects is filed. The property… Continue reading Defeating the Ten-Year Statute of Repose For Latent Construction Defects

Florida’s Construction Defect Statute Overhaul in 2015?

Jeffrey S. Wertman | Berger Singerman LLP | January 13, 2015 In 2003, the Florida Legislature adopted Chapter 558 of the Florida Statutes to provide an alternative dispute resolution process for construction defects in real property. This statute, commonly referred to as Florida’s “opportunity-to-cure” statute, has undergone a litany of legislative changes since its enactment. … Continue reading Florida’s Construction Defect Statute Overhaul in 2015?

What Constitutes an “Occurrence” in your CGL Policy?

Matthew M. Brady | Pillsbury Winthrop Shaw Pittman LLP | December 5, 2014 In Cincinnati Ins. Co. v. AMSCO Windows, No. 13-4155, 2014 WL 6679589, at *3 (10th Cir. Nov. 26, 2014), the United States Court of Appeals, Tenth Circuit, held that construction defects brought against a window manufacturer (“AMSCO”) were “occurrences” as defined under the… Continue reading What Constitutes an “Occurrence” in your CGL Policy?

Florida Supreme Court Limits Application of Statute of Limitations

Carson Lange | Deconstructed | December 3, 2014 A decision issued by the Florida Supreme Court earlier this year significantly limits the protection afforded by the statute of limitations to subcontractors and the like that are brought into construction litigation as third-party defendants. In Caduceus Properties, LLC v. Graney, a property owner hired an architect to… Continue reading Florida Supreme Court Limits Application of Statute of Limitations