Timothy J. Toohey – September 14, 2012 In our December 2011 Under Construction newsletter, we reported on the tendency of certain California courts to decline to enforce arbitration provisions in construction defect cases. See Arbitration in California Construction Defect Cases After AT&T Mobility v. Concepcion. As we noted, California courts have continued after the U.S.… Continue reading California Supreme Court Enforces Arbitration Provision in Construction Defect Case
Tag: construction defects
Designation of Non-Parties at Fault in Construction Defect Cases is Not as Straightforward as it First Seems
Jonathan M. Allen In Colorado construction defect cases, defendants often designate non-parties at fault under a Colorado statute that allows for the fact-finder to apportion fault between parties and non-parties. See C.R.S. § 13-21-111.5(3). Issues frequently arise involving whether builders owe non-delegable duties of care, thus rendering designation of non-parties at fault improper, or whether… Continue reading Designation of Non-Parties at Fault in Construction Defect Cases is Not as Straightforward as it First Seems
Tips for Construction Defect Plaintiff Attorneys, and more… | The A/E/C Brief
Brian L. Hill – August 6, 2012 As I mentioned in my last newsletter, I attended LiMa Solutions’ VE-ADR 2012 conference in Key West, FL. This week, I am publishing the first in a series of posts with key take-away from the event. The first article is VE-ADR 2012: Emerging Strategies for Successful Construction Defect… Continue reading Tips for Construction Defect Plaintiff Attorneys, and more… | The A/E/C Brief
To Appeal, or not to Appeal: Good Faith Settlement Determinations
Seth Reagan – July 25, 2012 In lawsuits involving multiple defendants, it is not unusual for the plaintiff to settle with one or more of the defendants as the lawsuit progresses. If, after a hearing, the court determines that such a settlement was made in good faith, a settling defendant is exempt from any claims… Continue reading To Appeal, or not to Appeal: Good Faith Settlement Determinations
An Overview of Minnesota Statutes of Limitation and Repose in Construction Defect Lawsuits
Alex Nelson – June 27, 2012 The Statutes of Limitation and Repose outline the time-frames within which a construction defect action must be brought. A claim not filed or properly asserted within the applicable time period is considered “time barred’, or “stale”, and is subject to dismissal in its entirety. A few important things to… Continue reading An Overview of Minnesota Statutes of Limitation and Repose in Construction Defect Lawsuits