What Warranty Notice to Contractor is Required Before Owner Retains Different Contractor to Repair and Replace Defective Work?
ConstructionRisk.com Report Vol. #14, Issue #5
See article in the following topic indices:
Construction Defects,Contract - Notice Requirements,Notice Requirements of Contracts,Warranty
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Vinyl floors installed by contractor in the operating rooms of a new hospital suffered from bubbles and split seams, and created a rough and uneven surface. For over a year the contractor attempted to correct the problems, and did so for beyond the one year warranty period. When it became apparent to the hospital, however, [...]
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Contractor Loses Malicious Prosecution Action against Homeowner that had Unsuccessfully Sued the Contractor in Construction Defect Litigation
ConstructionRisk.com Report Vol. #13, Issue #9
See article in the following topic indices:
Construction Defects,Malicious Prosecution
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After a contractor prevailed at trial in a counterclaim against a homeowner that sued for breach of contract and defective workmanship, the contractor filed suit against the homeowner and the attorney that had filed suit on behalf of the homeowner, arguing that the homeowner’s suit constituted malicious prosecution. A motion by the contractor for summary [...]
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General Contractor Can Recover Damages Caused by Sub’s Defective Work From the Sub’s CGL Policy
CGL,Construction Defects,Insurance - Defective work,Insurance Coverage Disputes
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Where a plumbing subcontractor installed water lines that did not meet the project specifications, and this caused damage to a neighboring property, the prime contractor sued the sub for negligent work and was entitled to recover its damages from the sub’s commercial general liability (CGL) policy because the court found the defective work constituted an [...]
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Principal of Limited Liability Company can be Sued without Need to Pierce Corporate Veil
Construction Defects,Corporate Veil,Individual Liability,Limited Liability Company
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Where a property owner filed suit against a limited liability company and sued the individual principal of the company as well as the company itself, alleging negligence, fraud and violations of the state unfair practice act, it was held that the owners were not required to plead facts sufficient to pierce the corporate veil since [...]
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Architect’s Duty to Identify Contractor Deviations from Plans Extends to Home Guests
ConstructionRisk.com Report Vol. #13, Issue #5
See article in the following topic indices:
AIA Contract Form,Construction Administration,Construction Defects,Expert Testimony,Site Safety,Site Visits,Standard of Care,Third Party Claims
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Where an architect designed a house and observed its construction during the construction phase, it had a duty to identify significant deviations from its plans and specifications that impacted the structural integrity of a balcony – causing it to collapse and seriously injure house guests. The duty extended not only to the client but also [...]
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Recent California Decision Erodes Certainty of 10-Year Statute of Repose Against Construction Defect Claims
California law,Construction Defects,Statute of Repose
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For many years, contractors and construction lawyers in California understood that a bright line existed regarding potential liability for construction defects – no liability 10 years after substantial completion of the project. The recent decision by the California Court of Appeal in Acosta v. Glenfed Development Corp., 128 Cal.App. 4th 1278 (2005) took a narrow [...]
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Do Contractor’s Warranties Ever Expire?
Construction Defects,Statute of Limitations,Warranties
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In December 2001, the Minnesota Court of Appeals issued an important decision regarding statutory home warranties in the case of Koes v. Advanced Design, Inc., 636 N.W. 2d 352 (Minn.Ct.App. 2001). The impact of this case will be felt by homebuilders across Minnesota, because it substantially extends the duration of homebuilders’ liability under the statutory [...]
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Contractor Not Liable for Emotional Distress
Breach of Contract,Construction Defects,Damages,Emotional Distress,Homeowner Suits
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As a result of poor construction, a jury awarded judgment against a contractor in favor homeowners for recovery of the full cost of necessary repair to the home plus damages for emotional distress caused by the contractor’s negligent performance. $50,000 was awarded to each spouse for emotional distress. This was a highly unusual result since [...]
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