Colorado Legislature Considering Construction Defect Litigation Reform

Amy K. Hansen – May 2, 2014 Senator Ulibarri’s Homeownership Opportunity Act (SB 14220) was finally introduced Wednesday evening. This much anticipated bill represents a moderate compromise with bipartisan support to address construction defect litigation in condominium projects. As has been widely reported in the media, there are very few condominiums being constructed in Colorado, an… Continue reading Colorado Legislature Considering Construction Defect Litigation Reform

Texas Supreme Court holds Contractor’s Agreement to Complete Work in a “Good and Workmanlike Manner” not an Agreement to Assume Liability for its Defective Work

George B. Hall, Jr. – Phelps Dunbar LLP On certified questions from the U.S. Fifth Circuit Court of Appeals, the Texas Supreme Court held that a contractor’s agreement to complete its work in a “good and workmanlike manner” does not enlarge its duty to exercise ordinary care in fulfilling its contract, and thus does not… Continue reading Texas Supreme Court holds Contractor’s Agreement to Complete Work in a “Good and Workmanlike Manner” not an Agreement to Assume Liability for its Defective Work

Square Peg Meet Round Hole – Do Design Defects Breach a Warranty Against Defects in Material or Workmanship?

Jeffrey W. Post – January 27, 2014 In Bruce Martin Constr., Inc. v. CTB, Inc., 735 F.3d 750 (8th Cir. 2013), the Eighth Circuit considered whether a design defect breaches an express warranty against “defects in material or workmanship.” Id. at 753. The product at issue was a system that automated the process of unloading… Continue reading Square Peg Meet Round Hole – Do Design Defects Breach a Warranty Against Defects in Material or Workmanship?