Newsroom Category: Construction

Recent developments in Arizona’s statutory scheme and case law limit a Plaintiff’s ability to recover attorney fees in residential construction defect cases.

New statutes and case law have changed the rules for when attorney fees may be awarded in Arizona residential construction defect cases. New developments are based on the changes to the Purchaser Dwelling Act that went into effect in 2015, and changes in the law from the Sullivan v. Pulte (aka Sullivan I) decision in 2012 and the Sirrah v. … Continue reading

NEW ARIZONA DECISION ON “SUBCONTRACTOR EXCEPTION” TO THE “YOUR WORK EXCLUSION”

Double AA Builders, Ltd. v. Preferred Contractors Insurance Company, LLC involved a general contractor’s attempt to obtain Additional Insured coverage from a subcontractor’s insurer for the cost of repair for the subcontractor’s faulty work. The general contractor settled claims brought against it by a property owner which was based on the improper installation of a built-up roof by the roofing … Continue reading

The Enforceability of Contractual Accrual Dates

Brisbane Lodging, L.P. v. Webcor Builders, Inc. The Enforceability of Contractual Accrual Dates A landmark California Court of Appeals decision fundamentally changed the statute of limitations in commercial construction defect cases. Parties relying on a “delayed discovery” rule to prevent a time-bar to their claims now face greater obstacles if their AIA contract provides an agreed-upon accrual date. In a … Continue reading

Not Paid for Construction Work? The Evolution of Mechanics’ Lien Laws and the Importance of Complying with Procedure

Construction has been a high-risk industry for millenniums, requiring the enactment of construction laws that date back to the Code of Hammurabi of 1754 BC.  With regards to compensation for construction work, Law 228 of Hammurabi’s Code provided that “if a builder build a house for someone and complete it, he shall give him a fee of two shekels in … Continue reading

City Ordinance Paves Way for New Condo Construction in Denver

On Monday, November 23, the Denver City Council voted 12-1 to approve an ordinance that significantly reduces risks to condo developers from lawsuits over potential defects. The ordinance takes effect on January 1, 2016. The ordinance establishes the following guidelines for construction defect lawsuits brought by condominium residents: Building code violations may be alleged in a lawsuit only if they … Continue reading

Sleepless in Seattle; Construction Is Booming As the Seattle Real Estate Market Continues to Heat Up

SLEEPLESS IN SEATTLE; CONSTRUCTION IS BOOMING AS THE SEATTLE REAL ESTATE MARKET CONTINUES TO HEAT UP As summer rapidly approaches the Seattle area, the city is abuzz with the annual influx of hopeful Mariner’s conversations, fish being thrown across Pike Place Market, and tourists snapping photographs of the iconic Space Needle. However, as the rain and overcast depart, it is … Continue reading

Big Changes May be Coming to Arizona’s Right to Repair Act!

Big Changes May be Coming to Arizona’s Right to Repair Act! Builders in Arizona may soon have a right to repair alleged defects prior to suit as significant changes to Arizona’s Construction Defect Right to Repair Act may be imminent! On March 18, 2015 the Senate passed HB 2578 by a vote of 24-5. The bill now goes to the … Continue reading

It IS possible in California to shorten the time allowed to bring defect claims!

Remember – It IS possible in California to shorten the time allowed to bring defect claims! (Brisbane Lodging, L.P. v. Webcor Builders, Inc. 216 CalApp. 4th 1249 (2013).) California law generally allows up to ten years to bring a claim for latent defects (those not apparent by “reasonable inspection”). This “delayed discovery rule” extends the accrual of a claim until … Continue reading

RIGHT TO REPAIR ACT PERMITS BUILDER TO OBTAIN FULL RELEASE

RIGHT TO REPAIR ACT PERMITS BUILDER TO OBTAIN FULL RELEASE IN EXCHANGE FOR CASH SETTLEMENT OF CLAIMS The California appellate court has provided guidance to homebuilders, homeowners and counsel concerning the scope of release which may be obtained concerning settlement of a “Right to Repair Act” claim.  In Belasco v. Wells (2015 WL 661273), the plaintiff bought a home from … Continue reading

Defense Judgment: Limitations to a Homeowners’ Association’s Liability

Defense Judgment:  Limitations to a Homeowners’ Association’s Liability Lorber Greenfield & Polito (LGP) recently obtained a defense judgment for a homeowners’ association (“HOA”) client in a bench trial involving a breach of contract claim by one of its members, who owned a condominium unit on the first floor.  The plaintiffs unsuccessfully alleged that the HOA failed to maintain the common … Continue reading