Traub Lieberman Straus & Shrewsberry LLP | November 4, 2014 Issues of privity and whether claims sound in breach of contract or negligence are common in construction defect cases involving architects and New York is no exception. Indeed, New York courts have long wrestled with architect liability and formulas for imposing or defeating liability. A… Continue reading New York Court Revisits Architect’s Duty Under Contract and Tort Principles
Tag: construction defects
Defective Work on a Building Pad that Results in Structural Damage is Not Considered an “Accident” that would Trigger Coverage for an “Occurrence” under a CGL Policy in Kentucky
Benjamin B. Hyden | Bricker & Eckler LLP | October 31, 2014 Structural damage to a new building caused by a defective building pad may not be covered under a commercial general liability (CGL) insurance policy when the specific damage is the type of damage that a properly constructed building pad is expected to prevent.… Continue reading Defective Work on a Building Pad that Results in Structural Damage is Not Considered an “Accident” that would Trigger Coverage for an “Occurrence” under a CGL Policy in Kentucky
Nevada Supreme Court Clarifies Right to Construction Defect Remedies Involving Residential Units with Previously Occupied Spaces
Traub Lieberman Straus & Shrewsberry LLP | October 31, 2014 In Oxbow Constr., LLC v. Eight Judicial Dist. Ct., 2014 Nev. LEXIS 109, 130 Nev. Adv. Rep. 86 (Nev. Oct. 16, 2014), the Nevada Supreme Court considered issues regarding class-action certification and the availability of remedies under Nevada construction defect statutes. The action arose out… Continue reading Nevada Supreme Court Clarifies Right to Construction Defect Remedies Involving Residential Units with Previously Occupied Spaces
The Jury is Still Out On The Effectiveness Of The “Calderon Process”
Kevin Collins and Walter Dauterman | Litigation Advocates | September 18, 2014 The State of California implemented the “Calderon Process” almost two decades ago. The hope was this pre-litigation “mediation” process would lower the cost, and increase the likelihood of early settlement, of construction defect disputes. The Calderon Process requires a homeowners’ association (“HOA”) to notify… Continue reading The Jury is Still Out On The Effectiveness Of The “Calderon Process”
HOA does not Own Cause of Action for Alleged Solar Heat-Gain-Related Defects
Gregory T. Hanson | Gordon & Rees LLP | October 21, 2014 Over six years following the plaintiff HOA’s initial 2008 construction and design defect complaint, Beacon Residential v. Catellus Third and King, LLC, et al. continues to generate new law and to address legal issues of import and interest to those in the construction defect community.… Continue reading HOA does not Own Cause of Action for Alleged Solar Heat-Gain-Related Defects