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Real Estate Development Construction Defects Construction Project

Gordon Rees Scully Mansukhani

Construction Law Update – Second Quarter 2025

GRSM’s Construction Group is pleased to publish the latest issue of our Construction Law Update, a quarterly take on trends of interest to design professionals, contractors, and developers throughout the country....more

Carlton Fields

Florida's New Home Warranty Law Takes Effect July 1

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A new law requires builders of newly-constructed homes to provide transferable warranties for a minimum period of one-year beginning July 1. Originally passed during Florida’s 2024 Legislative Session, HB 623, entitled, “Home...more

Snell & Wilmer

What’s In Your Best Interest? Summary of a Recent Utah Supreme Court Case on Post-Judgment Interest in a Construction Case

Snell & Wilmer on

On March 7, 2024, the Utah Supreme Court issued its decision in Sunstone Realty Partners X LLC v. Bodell Construction Company (2024 UT 9). The decision provides a cautionary tale for parties to a construction contract who may...more

Bilzin Sumberg

The Grace Period for Viable Claims Filed After Florida Amended the Construction Statute of Repose is Set to Expire on July 1, 2024

Bilzin Sumberg on

The grace period for claims that would have been viable under Florida’s 10-year statute of repose, but were no longer viable after Florida shortened the statute of repose to 7 years, is quickly approaching its expiration. On...more

Otten Johnson Robinson Neff + Ragonetti PC

Proposed State Legislation Would Nearly Double the Statute of Repose under the Colorado Construction Defect Action Reform Act and...

While Colorado struggles with an ongoing housing supply deficit and potential buyers grapple with interest rate resistant prices and higher costs of borrowing, local and state governments are entertaining all kinds of...more

Sheppard Mullin Richter & Hampton LLP

A Potential Big Win for Real Estate Developers in Illinois: CGL Coverage for Property Damage from Defective Work

Illinois may have just opened a new door for developers and owners for insurance coverage when it comes to defective construction work and commercial general liability (“CGL”) coverage. Based on the recent Illinois Supreme...more

Perkins Coie

Illinois Supreme Court Issues Landmark Construction Insurance Coverage Ruling

Perkins Coie on

In Acuity v. M/I Homes of Chicago, the Illinois Supreme Court overturned years of lower court precedent and established that “property damage” in the context of construction defect or faulty workmanship claims exists...more

Gray Reed

Texas Legislature Reduces Statute of Repose for Residential Homebuilders

Gray Reed on

In residential construction, the recent legislative amendments to Chapter 27 of the Texas Property Code (the Residential Construction Liability Act or the “RCLA”) have garnered significant attention in the industry, and...more

Winstead PC

Arbitration for All: Texas Supreme Court Hands Down Two Big Wins for Developers and Builders Seeking to Enforce Arbitration...

Winstead PC on

While it may seem evident that household members and subsequent purchasers bringing a construction defect claim are bound by the arbitration provision contained in the purchase and sale contract for the home, that was not the...more

Bilzin Sumberg

Florida Legislature Enacts Major Changes to the Statute of Repose for Construction Defect Claims

Bilzin Sumberg on

On April 13, 2023, governor Ron DeSantis signed Senate Bill 360 (“SB 360”) into law, which drastically reduces the time limit for property owners to file suit against builders and construction professionals for construction...more

Butler Weihmuller Katz Craig LLP

Florida’s Shortened Statute of Repose for Construction Defect Claims

On April 13, 2023, and as part of other recent tort reform measures implemented in Florida, Governor Ron DeSantis signed Senate Bill 360 into law. This most recent bill makes changes to, among other laws, Florida Statute...more

Winstead PC

[Webinar] Real Estate Lunch & Learn: Defending Defects Part 2 - August 11th, 12:00 pm - 1:00 pm CT

Winstead PC on

Even with strong documents designed to minimize liability, claims still occur. Implementing a comprehensive defense strategy from the very first notice of claim can be the difference between victory or defeat. Join...more

Buchalter

Feeling Rejected? MA Court Construes for the First Time the Provisions of the Prompt Pay Act

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In life, rejection is often hard to swallow.  In construction, that rejection can sometimes amount to millions of dollars.  A Massachusetts court recently held that an owner’s rejection of the contractor’s payment...more

Pillsbury - Gravel2Gavel Construction & Real...

Real Estate & Construction News Round-Up 04/20/22

Construction defects emerge in pandemic-era buildings, investor confidence is improving in China’s real estate market, the proptech field continues to show significant signs of growth, and more....more

Winstead PC

[Webinar] Real Estate Lunch & Learn: Defending Defects - March 3rd, 12:00 pm - 1:00 pm CT

Winstead PC on

In the building industry, a predetermined strategy and response to construction defect claims are important factors to minimizing liability. Join Winstead attorney Frank Carroll as he outlines how to use governing...more

Stark & Stark

New Bill Clarifies Statute of Limitations For Community Association Transition Litigation Matters

Stark & Stark on

On Tuesday, January 18, 2022, Governor Murphy signed into law Senate Bill 396, which automatically tolls (i.e. pauses) the 6-year Statute of Limitations for construction defect claims by condominium and/or homeowner...more

Nutter McClennen & Fish LLP

Condo Owner’s Claims Seeking to Hold Developer Liable Survive Motion to Dismiss

In Hershey v. Mount Vernon Partners, LLC, Judge Green faced dueling motions to dismiss in a dispute arising from the purchase of an “ultra-luxury” condominium in Beacon Hill. Judge Green granted Brett Hershey’s motion, in...more

Ballard Spahr LLP

Sept. 15 Deadline for Developers to Oppose DC Condo Warranty Legislation

Ballard Spahr LLP on

The DC Council has proposed legislation that would dramatically increase developers’ exposure for condominium warranty liability and could impact developers’ financial ability to finance, develop, and construct condominiums....more

Cozen O'Connor

Expanded Façade Inspection Requirements

Cozen O'Connor on

Effective February 20, 2020, the New York City Department of Buildings (DOB) expanded the requirements of its Façade Inspection and Safety Program (FISP), known previously as Local Law 11. Cooperative and Condominium Boards...more

Robinson+Cole Construction Law Zone

NYC Amends its Façade Inspection and Safety Program to Push Building Owners into Action

In the wake of the tragic death of architect Tishman in December 2020 who was killed by falling debris from a brick tower in Midtown, the New York Department of Buildings (DOB) amended its rules governing exterior wall...more

Ballard Spahr LLP

DC Seeks to Expand Condo Warranty Liability

Ballard Spahr LLP on

The DC City Council has proposed two bills intended to make it easier for condominium associations and unit owners to pursue warranty claims against developers and obtain release of warranty funds....more

Troutman Pepper Locke

Submission of Pre-Suit Claim Notice Required by Construction Defect Statute Timely ‘Commences the Action’ Within the Meaning of...

Troutman Pepper Locke on

Gindel v. Centex Homes, 2018 Fla. App. LEXIS 13019 (Fla. 4th DCA Sept. 12, 2018) - A group of townhome owners (the “Homeowners”) sued the contractor and a subcontractor (collectively, “Contractor”) who built their...more

Carlton Fields

2018 Florida Legislature Amends Construction Statute Of Limitations And Repose

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The Florida Legislature has amended the construction statute of limitations and repose a second time in two years. Effective July 1, the amendments include (1) a provision addressing completion of the contract and final...more

Carlton Fields

Look Beneath The Surface: No Coverage For DC Row House Collapse Under Builder’s Risk Policy

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The interpretation of a property insurance policy may seem like a dull endeavor, but courts sometimes face fundamental questions about what words mean, or how we conceptualize cause and effect. In Taja Investments LLC v....more

Troutman Pepper Locke

In Dismissing Homebuyer’s Defective Construction Suit Against Contractor for Lack of Privity, Supreme Court of Utah Cautions...

Troutman Pepper Locke on

Tomlinson v. Douglas Knight Constr., Inc., 2017 Utah Lexis 132 (August 29, 2017) - This case arises out of the construction of a residential property. Lot 84 Deer Crossing (“Lot 84”) purchased the property and contracted...more

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