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The Fair Housing Act: Discrimination in Multi-Family Residential Development, Construction, and Design

by Kent Holland | Jul 22, 2011 | Newsletter Article

By: R. Carson Fisk The Department of Justice has stepped up its enforcement efforts in recent years battling discrimination in housing. However, the DOJ’s efforts focus not only on discriminatory actions based on race, color, religion, sex, familial status, and...

Homebuilder Successfully Offered Express Limited Home Warranty That Waived Implied Warranty of Good Workmanship

by Kent Holland | Jul 18, 2011 | Newsletter Article

Where a homebuilder, Centex Homes, entered into a sales agreement to construct a new home, it included a paragraph stating that it would provide its standard Limited Home Warranty covering defects in materials and workmanship and that “Purchaser’s agree that there are...

Engineer That Did Work without Written Change Order Not Entitled to Be Paid for Additional Services

by Kent Holland | Jul 18, 2011 | Newsletter Article

Oral authorization for engineer to perform additional design services on a municipal golf course was not binding on city because the contract mandated that written change orders be executed to authorize such services.  On the engineer’s breach of contract action...

Homeowners Policy Unambiguously Excluded Coverage for Mold

by Kent Holland | Jul 18, 2011 | Newsletter Article

October 2004 Where mold damage allegedly arose out of shoddy roofing work, a homeowner attempted to recover under its homeowners policy for the mold as an “ensuing loss” despite a provision of the policy specifically excluding coverage for mold...

Whether Mold Cleanup Costs Are Covered Depends on Causation

by Kent Holland | Jul 18, 2011 | Newsletter Article

April 2005 An insurer on a homeowners policy denied coverage for mold damages. It was held by an appellate court that if the homeowner proved the mold resulted from a covered peril, then the cost of removing the mold would be covered by the policy so long as it was...
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