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Results: 1-10 of 56

When does an "occurrence" occur?

  • Sherman & Howard LLC
  • -
  • USA
  • -
  • April 29 2013

Two federal courts in Denver recently addressed a fundamental question that exists in almost every construction defect case - when did the property

Assignment issues in construction contracts

  • Munsch Hardt Kopf & Harr PC
  • -
  • USA
  • -
  • February 28 2013

In the real estate and construction industry, purchasers of a property whose construction is already under way will often find themselves

Reading teleology leaves: “condominium” exclusion does not apply to unsold apartment

  • Jorden Burt LLP
  • -
  • USA
  • -
  • February 14 2013

As every lawyer knows, Aristotle distinguished four types of explanation, or "cause," for natural phenomena. The "final cause" is "that for the sake

Are you improving “real property” with roadway work?

  • Kilpatrick Townsend & Stockton LLP
  • -
  • USA
  • -
  • February 12 2013

In addition to a statute of limitations for certain claims, states generally have a statute of repose. A statute of repose is broader and will cut

How to guarantee the HOA can't litigate condo construction defect claims

  • Sherman & Howard LLC
  • -
  • USA
  • -
  • January 28 2013

Developers and general contractors would like to avoid litigating construction defect claims brought by condominium homeowner associations. There is

CA Court of Appeal holds design professionals owe a duty of care to condo homeowners for professional negligence

  • Wilson Elser
  • -
  • USA
  • -
  • December 20 2012

In Beacon Residential Community Association v. Skidmore, Owings and Merrill LLP (December 14, 2012), the trial court sustained the demurrer (a response in

Using your neighbor’s airspace in today’s construction projects

  • Snell & Wilmer
  • -
  • USA
  • -
  • December 20 2012

Since at least the times of the Ancient Greeks, cranes have been an important part of a construction project

Pa. Superior Court extends protection of implied warranty of habitability to subsequent purchasers of a newly constructed home

  • Duane Morris LLP
  • -
  • USA
  • -
  • December 11 2012

For the first time, the Superior Court of Pennsylvania has extended the protection of the implied warranty of habitability to the second or subsequent purchaser of a newly constructed home in Conway v. The Cutler Group, 2012 Pa. Super. LEXIS 3480, at 19 (Pa. Sup. Ct., Nov. 5, 2012

More homeowner lawsuits against builders in Pennsylvania

  • Fox Rothschild LLP
  • -
  • USA
  • -
  • November 23 2012

The Pennsylvania Superior Court recently confirmed what many Pennsylvania trial courts and practitioners had already concluded: "remote" purchasers of residential homes may sue the original builder of the home for certain construction defects

California Supreme Court affirms strong policy in favor of arbitration, affirming mandatory arbitration clause in CC&Rs for construction defect litigation

  • Wilson Elser
  • -
  • USA
  • -
  • August 20 2012

The California Supreme Court in Pinnacle Museum Tower Association v. Pinnacle Market Development, 12 C.D.O.S. 9387 (August 16, 2012), upheld a clause in the recorded declaration of covenants, conditions and restrictions (CC&Rs) providing that the condominium homeowners’ association and the individual owners agree to resolve any construction dispute with the developer through binding arbitration

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