Newsroom Category: Construction Defect

The Right to Repair Does Not Depend on the Theory Pled by the Plaintiff

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.

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

Construction Defect Procedures in Oregon

Construction Defect Procedures in Oregon The Oregon Notice of Defect requirements found in ORS 701.560, et. seq. (“701 Notice”) for construction defect claims are relatively simple, and unlike other states’ statutes, the 701 Notice statute has no penalty or fee-shifting mechanism for builders who do not comply with the statute. However, if an owner does not properly comply, the owner’s … Continue reading

Can’t You See How Dangerous That Is?

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