Is California’s Right to Repair Statute the Only Basis for a Claim for...
In McMillin Albany, LLC v. Superior Court, real parties, including Carl Van Tassell and 36 other homeowners, filed a first amended complaint alleging eight causes of action against the builder,...
View ArticleWhen is the Statute of Limitations Period Triggered for a Construction Defect...
After conflicting conclusions by the lower courts, the New Jersey Supreme Court recently decided whether a condo association’s lawsuits for construction defects were timely filed against a general...
View Article2017 Colorado Construction Defect Recap: Colorado Legislature and Judiciary...
Last March, the Colorado General Assembly introduced House Bill 17-1279 concerning the requirement that a unit owners’ association obtain approval through a vote of unit owners before filing a...
View ArticleCalifornia Supreme Court Confirms the Right to Repair Act as the Exclusive...
The California Supreme Court recently issued its decision on a critical issue in the residential construction industry – the claims for construction defects that a California homeowner can bring...
View ArticleInsurance Policies Broadly Defining “Suits” May Prompt an Insurer’s Duty to...
In Altman Contractors, Inc. v. Crum & Forster Specialty Insurance Company, No. SC16-1420, 2017 WL 6379535 (Fla. Dec. 14, 2017), the Florida Supreme Court addressed whether the notice and repair...
View ArticleInsurers May Not Be Required to Defend Contractors In a Florida §558 Proceeding
In recent holding1, the Florida Supreme Court held that an insurer may not have a duty to defend a contractor in a Florida §558 proceeding. Chapter 558 of the Florida Statutes sets forth procedural...
View ArticleA Section 558.004 Pre-Suit Notice of Defect Tolls Florida’s Ten-Year Statute...
In prior coverage of Florida’s latest construction law developments, Gordon & Rees provided insight on Florida’s detailed update to its ten-year statute of repose for construction defect claims...
View ArticleIllinois Supreme Court Limits Reach of Implied Warranty Claims Against...
In a recent decision, the Illinois Supreme Court held that a purchaser of a newly constructed home could not assert a claim for breach of the implied warranty of habitability against a subcontractor...
View ArticleImportant New Reporting Requirement for Some Construction Defect Settlements
In response to a tragic balcony collapse incident where the public later learned the contractor had paid millions to settlement defect cases in the preceding years, the California legislature passed,...
View ArticleNevada Supreme Court Clarifies Retroactive Nature of 10-Year Statute of...
Does a legislative extension of a statute of repose for construction and design defect claims allow a claim to proceed even if the repose period in effect when the claim was filed barred that claim? On...
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