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
Recent developments in Arizona’s statutory scheme and case law limit a Plaintiff’s ability to recover attorney fees in residential construction defect cases.
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We are proud to announce that we have 3 speakers at this year’s West Coast Casualty CD Litigation Seminar being held May 18 and 19th, 2017. Speaking on separate panels will be: Lisa Cappelluti, Holly Davies and J.D. Turner.
In local San Diego news, we are proud to acknowledge that Bruce Lorber, Joyia Greenfield and Thomas Olsen have been recognized by San Diego Magazine as prominent Construction lawyers in our San Diego community.
New Lower Court Ruling Sheds Light on Enforceability of Statutory Non-Economic Damages Cap in Oregon
On January 20, 2017, the Multnomah County Circuit Court released an opinion enforcing the $500,000 statutory cap on non-economic damages in a common law tort action. This opinion provides valuable insight into how Multnomah County courts, and likely courts in other Oregon counties, will analyze and make determinations on the issue of whether the cap should apply in other cases. … Continue reading
The firm is in final preparations for this year’s Women IN Construction being held March 30-31, 2017, spearheaded by partners Holly Davies of our Phoenix office and Wakako Uritani of our SF office. Registration is open through March 17th, 2017. http://womeninconference.com
We are pleased to recognize this year’s SuperLawyers: Bruce Lorber, Joyia Greenfield & Lisa Cappelluti.
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
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
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