Architect Entitled to Insurance Defense for ADA and FHA Claims Arising out of Services Performed for Condominium Developer
ADA,Americans with Disabilities Act (ADA),Condominium litigation,duty to defend,Fair Housing Act,FHA,Insurance - Bad Faith,Insurance Coverage Disputes
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Where a developer of a condominium, and its design architect, were sued by a municipal equal opportunity housing opportunity council as well as by the state attorney general for alleged violations of not meeting federal and state requirements for handicap access, the developer cross-claimed against the architect alleging negligent failure to correctly identify and follow [...]
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Statute of Repose Passes Constitutional Test
Condominium litigation,Statute of Repose
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The Supreme Court of Washington held that the state’s six-year statute of repose did not violate the state constitution or the equal protection clause of the United States Constitution. Although it found itself compelled to enforce the statute to grant summary judgment on behalf of design professionals who designed condominiums that slid down a hillside [...]
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Architect Has No Warranty Obligation to Condo Association
Condominium litigation,Homeowner Suits,Third Party Claims,Waiver and Release of Claims,Warranties,Warranty of Design
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When certain flooring features of a condominium project failed, the condominium homeowners association sued the project developer and the general contractor who were responsible for construction. The parties settled on a remedy for the deteriorating concrete subfloor, which involved the application of a material called Ardex K-15 over the surface of the concrete to remedy [...]
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