Tred Eyerly – August 12, 2013 Having previously decided that construction defect claims did not arise from an occurrence and were consequently not covered under Hawaii law, the Hawaii Federal District Court refused to dismiss the insured’s second amended counterclaim alleging various claims for relief. Ill. Nat’l Ins. Co. v. Nordic PCL Construc., Inc., 2013… Continue reading Insurers’ Motion to Knock Out Bad Faith, Negligent Misrepresentation Claims in Construction Defect Case Denied
Tag: construction defects
Georgia Supreme Court Rules on Insurance Coverage for Construction Defects
John L. Watkins and Russ Rogers – July 19, 2013 Overview On July 18, 2013, in Taylor Morrison Services, Inc. v. HDI-Gerling Ins. Co., the Supreme Court of Georgia decided two important certified questions from the United States Court of Appeals for the Eleventh Circuit that affirm and expand the rights of property owners and… Continue reading Georgia Supreme Court Rules on Insurance Coverage for Construction Defects
The Economic Loss Doctrine Strikes Again: Supreme Court of Wisconsin Holds Property Owners have no Tort Claims Against Concrete Supplier
David P. Muth and John C. Schaak – August 13, 2013 The economic loss doctrine precludes parties to a contract from bringing tort claims to recover purely economic or commercial losses associated with their contractual relationship. The parties are thus limited to their contractual remedies. This sounds simple enough in theory, but, in practice, the… Continue reading The Economic Loss Doctrine Strikes Again: Supreme Court of Wisconsin Holds Property Owners have no Tort Claims Against Concrete Supplier
Why A “Lifetime” Warranty Is Only A Six Year Warranty For Contractors And Manufacturers
George Eppsteiner and Daniel Katzenbach – August 9, 2013 Most would assume that a warranty lasts for as long as the warranty’s terms. In North Carolina, a recent Court of Appeals decision has made clear that an extended warranty, absent evidence of fraudulent, willful, or wanton conduct, is limited to a six year term for… Continue reading Why A “Lifetime” Warranty Is Only A Six Year Warranty For Contractors And Manufacturers
Lenders and Post-Foreclosure Purchasers Have Standing to Make Construction Defect Claims for After-Discovered Conditions
Buck Mann – 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 foreclosure? The decision was released on… Continue reading Lenders and Post-Foreclosure Purchasers Have Standing to Make Construction Defect Claims for After-Discovered Conditions