Pieter M. O’Leary – November 1, 2013 Determining whether a construction defect is patent or latent plays a significant factor in determining if a claim may be barred by a statute of limitations. 1. Patent vs. Latent Defect Patent and latent defect issues arise in construction defect litigation. A latent defect is a construction… Continue reading Patent vs. Latent Defects in California Construction Defect Litigation
Tag: construction defects
One Insurer’s Settlement with Insured Does Not Bar Contribution Claim by Other Insurers
Tred R. Eyerly – October 28, 2013 The New Jersey Supreme Court held that one insurer could seek contribution from another insurer who settled with and secured a release from the insured. Potomac Ins. Co. v. Pennsylvania Manufacturers’ Ass’n Ins. Co., 2013 N.J. LEXIS 847 (N.J. Sept. 16, 2013) The township of Evesham retained Roland… Continue reading One Insurer’s Settlement with Insured Does Not Bar Contribution Claim by Other Insurers
Lenders and Post-Foreclosure Purchasers Have Standing to Make Construction Defect Claims for After-Discovered Conditions
Buck Mann – Higgins, Hopkins, McLain & Roswell – August 8, 2013 The Colorado Court of Appeals has decided a case which answers a question long in need of an answer: do banks/lenders have standing to assert construction defect claims when they receive title to a newly-constructed home following a foreclosure sale or deed-in-lieu of… Continue reading Lenders and Post-Foreclosure Purchasers Have Standing to Make Construction Defect Claims for After-Discovered Conditions
Home Defect Case Highlights Option-to-Purchase Pitfall Under Mutual Mistake Doctrine
Joe Forward, WisBar News – September 19, 2013 A couple who designed and built a home containing defects is not liable to the couple who bought the home, a state appeals court has ruled. The ruling is a contract warning for home buyers who lease homes with an option-to-purchase. Buyers Niksa and Kelly Ivancevic brought… Continue reading Home Defect Case Highlights Option-to-Purchase Pitfall Under Mutual Mistake Doctrine
SB800 Is Now Optional to the Homeowner?
James Ganion – August 30, 2013 Dear Builders, Colleagues, and Interested Parties: I attach for your review a copy of this week’s opinion of the California Court of Appeal in our case of Liberty Mutual v. Brookfield. This opinion represents a significant change to the right of California builders to repair homes under SB800, California’s… Continue reading SB800 Is Now Optional to the Homeowner?