Gary Bresee – September 16, 2013 A fee dispute between Travelers, its contractor/insured and the insured’s counsel, is not your run of the mill fee dispute. Travelers alleges the existence of an illicit rate agreement between the contractor and its lawyers whereby the lawyers allegedly billed Travelers at a higher rate than the firm actually charged the… Continue reading Can Your Fee Dispute Rise to the Level of Unfair Competition? Maybe; but Not This Time.
Tag: construction defects
Attorney Predicts More Lawsuits Over Home Defects
September 13, 2013 A recent state appellate court ruling that California’s Right to Repair Act is not the exclusive remedy for homeowners for actual damages resulting from construction defects will increase homeowner suits over defective construction, predicts David Frenznic, an attorney with the Sacramento law firm Wilke, Fleury, Hoffelt, Gould & Birney LLP. Although the… Continue reading Attorney Predicts More Lawsuits Over Home Defects
There’s More Than One Way to Skin a Cat When it Comes to Actual Damages Under SB 800
Garret Murai – September 10, 2013 In 2002, the California State Legislature enacted S.B. 800 also known as the “Right to Repair Act” (Civil Code sections 895 et seq.). SB 800, which applies to newly constructed single-family residences sold after January 1, 2003, was intended to curb construction defect lawsuits by giving developers an opportunity… Continue reading There’s More Than One Way to Skin a Cat When it Comes to Actual Damages Under SB 800
How Mold Enters a Property & Steps to Prevent it from Becoming a Problem on Environmental Expert
Cochrane & Associates, LLC – September 3, 2013 Today, most people recognize that working, going to school or living in an indoor environment with high levels of mold can lead to health issues. Although mold growth often follows a water damaging event, most people are unaware of how mold enters a building in the first… Continue reading How Mold Enters a Property & Steps to Prevent it from Becoming a Problem on Environmental Expert
Construction Defect Litigation: Right to Repair Act (SB 800) Does Not Eliminate Common Law Remedies for Actual Damage to Residences
Mark Ellinghouse and Jon E. Goetz – September 5, 2013 California’s Right to Repair Act (also known as SB 800) provides court remedies for a homeowner when construction defects diminish the economic value of a home, even though no personal injuries or actual property damage have occurred. A recent California appellate court decision confirmed that… Continue reading Construction Defect Litigation: Right to Repair Act (SB 800) Does Not Eliminate Common Law Remedies for Actual Damage to Residences