What is an Appraisal?
Liens provide a means of recourse for contractors, subcontractors, and suppliers who have not been paid. In Washington, there are specific disclosure requirements that must be met before a licensed and registered contractor...more
This article is part 3 of a series of articles discussing common considerations for homeowners before, during, and after a residential construction project. Part 3 focuses on what homeowners should look out for after...more
This article is Part 2 of a 3-article series. This article is Part 2 in a series of articles discussing common considerations for homeowners before, during, and after residential construction projects. Part 2 focuses on...more
BOSTON — City Leading AI Industry- Boston-area companies are leading in the development of new artificial intelligence (AI) and managing data for AI use. A new report estimates that Boston’s expertise in tech and health...more
When faced with a residential construction defect problem—such as water intrusion, poor workmanship, or material/design deficiencies—Washington homeowners are often left wondering whether they have a claim, who is at fault...more
In Ali Heidari v. Golden Bear Insurance, a California appeals court recently affirmed a lower court’s decision to deny relief under a CGL policy, where the policy excluded from coverage work performed by subcontractors under...more
A homeowner or property owner (your client or customer) files a claim with their homeowners or property insurance for damage. The insurance company then comes after you, alleging it was a construction or design defect that...more
As a construction defect attorney, I know I am not alone with the frustration in trying to interpret the confusing, ambiguous, and often times nonsensical language which comprises Arizona’s Purchaser Dwelling Act, promulgated...more
The California Court of Appeal recently reversed a trial court's dismissal of a lawsuit, concluding that because there was a dispute over when a homeowner's claim "occurred" for purposes of an insurance policy, that dispute...more
While neither of the recent cases discussed below establishes new law, they serve as good reminders of principles and requirements that can be important to participants in construction projects in Tennessee. The first case,...more
Like many states, Minnesota requires subcontractors and suppliers to send pre-lien notices to owners to perfect mechanic’s lien rights. Failure to comply with the pre-lien notice statute can prove fatal to a lien enforcement...more
The Arizona Court of Appeals recently published a decision examining the Registrar of Contractor’s (“ROC”) handling of a homeowner’s claim involving the Residential Contractors’ Recovery Fund (the “Fund”). The decision,...more
This Construction Law Alert highlights some of the significant Tennessee state and federal decisions affecting the construction industry from the past year. Holdback Payments Are Not Retainage - Tennessee’s Prompt Pay...more
McMillin Homes Constr., Inc. v. National Fire & Marine Ins. Co., 35 Cal.App.5th 1042 (2019); Fourth Appellate District Court of Appeal, Division One, Case No. D074219 (June 5, 2019). McMillin Homes Construction, Inc....more
During this most recent session, the Arizona Legislature passed and the Governor signed new legislation affecting contractors throughout the state. The legislation, Senate Bill 1397, was referred to as the “registrar of...more
In Ins. Co. of St. of PA v. Amer. Safety Indemnity Co. (No. B283684, filed 3/1/19) (“ICSOP”), a California appeals court rejected one insurer’s efforts to limit the scope of another insurer’s direct action as a judgment...more
Overruling 35 years of precedent, the Illinois Supreme Court has held that buyers of newly constructed homes cannot sue subcontractors for breach of the implied warranty of habitability. Sienna Court Condominium Association...more
Most states have statutes of repose, which define the date certain for parties to assert any and all claims for construction and design related issues, and provide a final cut-off for liability with respect to a project. For...more
Last time, we discussed how some of the 2017 revisions to the American Institute of Architects (AIA) form design and construction contracts benefit general contractors. Such revisions added clarity to provisions concerning...more
Over the summer, this blog reported on how the Supreme Court of Pennsylvania managed to parse an employer’s liability exclusion to find that it did not exclude claims by employees of additional insureds. As the leaves started...more
In Centex Homes v. St. Paul Fire & Marine Ins. Co. (No. E060057, filed 5/22/15), a California Court of Appeal held that a developer’s declaratory relief lawsuit seeking a declaration of the right to independent counsel was...more