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Elliott Homes, Inc. v. Superior Court: The Right to Repair Does Not Depend on the Theory Pled by the Plaintiff In the years following the Court of Appeal’s holding in Liberty Mutual Ins. Co. v Brookfield Crystal Cove, LLC (2013) 219 Cal.App.4th 98 (hereinafter “Liberty Mutual”), the exclusivity of the rights and standards set forth in the “Right to Repair … Continue reading
Sullivan v. Pulte Home Corp.: Arizona’s Court Of Appeals Rules That Subsequent Owners Cannot Bring Tort Claims Against Builders For Non-Injury Construction Defect Claims A new decision from the Arizona Court of Appeals has changed the rules on construction defect causes of action again. The decision in Sullivan v. Pulte Home Corp. (CA-CV 14-0199, App. Div. 1, July 28, 2015) … Continue reading
Can’t You See How Dangerous That Is? Patent Versus Latent Defects One of the issues that should be addressed at the outset of any construction defect claim is whether the claimants’ allegations arise from latent or patent defects. Under California Code of Civil Procedure section 337.15, litigation arising from latent defects must be filed within ten years of substantial … Continue reading
Big Changes To Nevada’s “Chapter 40” Construction Defect Statutes To Provide Some Relief For Contractors And Developers
Big Changes To Nevada’s “Chapter 40” Construction Defect Statutes To Provide Some Relief For Contractors And Developers On February 24, 2015, Nevada Governor Brian Sandoval signed into law Assembly Bill No. 125, known as the “Homeowner Protections Act,” which made sweeping changes to Nevada’s construction defect statutes, as well as changes to the statute of repose applicable to construction defect … Continue reading