Often times, subrogation practitioners take the “kitchen sink” approach when pursuing claims: they name all potentially liable parties under all available legal theories and whittle down from there. With construction defect...more
The economic loss doctrine is a legal principle that has confused and frustrated subrogation practitioners since its inception. Unfortunately, once practitioners understand the basic theory, they realize how frustrating it...more
Often times, both contract and tort claims co-exist in a subrogation matter and the line between the two can be blurred. This is especially true in the context of damages resulting from new home construction defect claims....more
1/21/2020
/ Amended Complaints ,
Appeals ,
Breach of Contract ,
Construction Contracts ,
Construction Defects ,
Construction Disputes ,
Construction Industry ,
Construction Litigation ,
Construction Project ,
Economic Loss Doctrine ,
Negligence ,
Property Damage ,
Subrogation ,
Toxic Mold ,
VA Supreme Court
The extent to which a loss scene can be altered before adversaries can legitimately cry spoliation has long been a mysterious battleground in the world of subrogation. In the case of In re Xterra Constr., LLC, No....more
7/11/2019
/ Abuse of Discretion ,
Breach of Contract ,
Destruction of Evidence ,
Discovery ,
Discovery Disputes ,
Duty to Preserve ,
Motion for Sanctions ,
Negligence ,
Spoliation ,
Subrogation ,
Vacated
In Davison v. Debest Plumbing, Inc., 416 P.3d 943 (Ida. 2018), the Supreme Court of Idaho addressed the issue of whether plaintiffs who provided actual notice of a defective condition, but not written notice as stated in the...more
7/11/2018
/ Attorney's Fees ,
Breach of Contract ,
Construction Defects ,
General Contractors ,
ID Supreme Court ,
Negligence ,
NORA ,
Notice Requirements ,
Site Remediation ,
Subcontractors ,
Subrogation ,
Vacated