John Green – June 12, 2013 A new case from Oregon deals with a recurring problem in construction defect litigation—the absence of clear dates in the complaint regarding when damage is alleged to have occurred. Frequently, a plaintiff will allege that defects in a construction project have caused property damage to other elements of the… Continue reading New Case Affirms Broad Duty to Defend in Construction Defect Case Where Damage Dates Unclear
Tag: construction defects
New Case Affirms Broad Duty to Defend in Construction Defect Case Where Damage Dates Unclear
John Green – June 11, 2013 A new case from Oregon deals with a recurring problem in construction defect litigation—the absence of clear dates in the complaint regarding when damage is alleged to have occurred. Frequently, a plaintiff will allege that defects in a construction project have caused property damage to other elements of the… Continue reading New Case Affirms Broad Duty to Defend in Construction Defect Case Where Damage Dates Unclear
Watered-down Nevada Construction Defect Bill Gets Hearing
Brian Duggan – June 2, 2013 A last-ditch effort by Assembly Republicans to get a watered-down construction defect bill passed this session got a committee hearing on Sunday. Assemblyman Pat Hickey, R-Reno, is pushing Assembly Bill 504, which has the backing of construction industry representatives, but is opposed by trial lawyers who represent homeowners. And… Continue reading Watered-down Nevada Construction Defect Bill Gets Hearing
Nevada Adopts the Manifestation Rule in First Party Property Cases Involving Progressive Damage
Michael Mills – May 24, 2013 In 1977, the Jacksons bought a home. Over time, small cracks appeared in the walls. The Jackson’s investigating engineer said that the home had suffered structural damage because of negligent construction. The Jackson’s homeowner policy was with State Farm. State Farm disagreed with the Jacksons. State Farm said that… Continue reading Nevada Adopts the Manifestation Rule in First Party Property Cases Involving Progressive Damage
Colorado Law on Construction Defects, Part II: Notice of Claim Process
J. David Arkell and Benjamin M. Petre – May 8, 2013 Last month we reviewed two significant statutes governing construction defect claims in Colorado. This month we’re looking at the statutory processes applicable to construction defect claims. In Colorado, construction defect actions are governed by Colorado’s Construction Defect Action Reform Act (CDARA). Under CDARA, claimants… Continue reading Colorado Law on Construction Defects, Part II: Notice of Claim Process