News & Analysis as of

Construction Defects Evidence

J.S. Held

Proper Collection, Handling, Storage & Disposal of Physical Evidence (Second Edition)

J.S. Held on

Regardless of the specific cause of property damage—whether it be vehicle impact, structural collapse, construction defects, equipment failures, fire or explosion, hail, lightning, storms, animal activity, or water...more

BCLP

Building Safety Act: New TCC Case on Building Information Orders

BCLP on

Section 130 of the Building Safety Act 2022 (BSA) allows the High Court to make building liability orders (BLO) if it considers it just and equitable to do so.  Section 132 allows the court to make an information order to...more

Shutts & Bowen LLP

Recent Florida Court Decision Provides Important Lesson on Construction Defect Damages

Shutts & Bowen LLP on

The recent Florida appellate case of Bandklayder Development, LLC v. Sabga provides an important lesson regarding damages for construction defects – that damages for construction defects must be proven based on costs of...more

Bradley Arant Boult Cummings LLP

Damages in Construction Claims: Are “Actual Costs” Actually Required?

The golden standard for the measure of damages in a construction case alleging defective or incomplete work are the actual costs of completion or repair. That is to say, if there is a breach (or multiple breaches) of quality...more

Smith Debnam Narron Drake Saintsing & Myers,...

Court Of Appeals Clarifies That Expert Testimony Required in Nearly All Faulty Construction Cases

In a recent decision touching on many interesting issues, North Carolina’s Court of Appeals effectively determined that, in all but the most obvious cases, expert testimony is required to establish a failure to perform...more

Bilzin Sumberg

Florida Appellate Court Affirms Statute of Limitations for Latent Construction Defects

Bilzin Sumberg on

The Cottages at Stoney Creek Condominium Association, Inc. et al v. JDR Construction, LLC et al, No. 1D20-956, 2021 WL 2209851 (June 1, 2021) aff’d per curiam....more

Bilzin Sumberg

Florida Property Owners: Be Aware Of This Procedure Before Filing A Construction Defects Claim

Bilzin Sumberg on

One of the most frustrating events for a residential homeowner, or a commercial property owner, is the day that they find construction defects on their property. From that time forward, the steps that are taken by the...more

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