Contractor’s Express Warranty Takes Precedence Over Owner’s Implied Warranty of Specifications

by Kent Holland | Jul 22, 2011 | Newsletter Article

J. Kent Holland A contractor’s express warranty takes precedence over a project owner’s implied warranty of plans and specifications.   The contractor agreed to use materials provided by homeowner, as well as plans and specifications provided by homeowner, and gave an...

Insurers Bear Environmental Damages and Defense Costs on Pro-rata basis Under Consecutive CGL Policies

by Kent Holland | Jul 22, 2011 | Newsletter Article

J. Kent Holland Owners of sixty stucco homes brought claims against the builder, Wooddale Builders Inc., alleging that defective construction or faulty workmanship resulted in water-infiltration and mold-growth.  The claims were first filed beginning in 2000.  The...

OSHA Not Required to Get Warrant to Conduct Surprise Inspection

by Kent Holland | Jul 22, 2011 | Newsletter Article

By: J. Kent Holland A contractor unsuccessfully argued that evidence gathered during surprise OSHA inspection should be suppressed and barred from the case because the OSHA inspector did not have a warrant.  The excavation site was a public street, not private...

Defective Workmanship Exclusion Bars Coverage for Falling Walls

by Kent Holland | Jul 22, 2011 | Newsletter Article

By:  J. Kent Holland Where masonry walls collapsed during construction due to premature removal of supportive braces, a commercial general liability policy provided no coverage for the loss because such loss was excluded under the defective work exclusion of the...

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...