Document(s) published by this organization: 10
|Oregon Supreme Court Tackles Statute of Repose for Construction|
Timothy John Repass; Wood, Smith, Henning & Berman LLP;
June 24, 2014, previously published on May 29, 2014Contractors and their counsel should take note of these two decisions, as they will affect the duration of contractors’ exposure to construction defect claims under Oregon’s statute of repose. In the absence of written acceptance, the ten year limitations period of Oregon Revised...
|Anticipated Legislation to Affect Construction in Colorado|
Lisa Bondy Dunn, Michael J. Knauf; Wood, Smith, Henning & Berman LLP;
April 10, 2014, previously published on April 7, 2014In response to Colorado’s lack of new owner-occupied, multi-family housing (i.e. condominiums) being built, it appears legislation will be introduced that, if passed into law, may affect not only how condominiums are developed, but may affect the entire landscape of construction defect...
|Changing Demographics Drive Jury Verdicts and Impact Claims Analysis In California’s Central Valley|
Sheila E. Fix, Patrick S. Schoenburg; Wood, Smith, Henning & Berman LLP;
March 12, 2014, previously published on March 11, 2014A jury awards $11.5 million to the plaintiff in a personal injury lawsuit following a freeway accident. Just months prior, another jury in the same venue returns a $7.3 million verdict to the family of a bus driver killed while refueling on the side of the road. California has long been known for...
|Los Angeles County Court of Appeal Issues a Pair of Important Decisions on the Right to Repair Act|
Keith Smith; Wood, Smith, Henning & Berman LLP;
March 10, 2014, previously published on February 26, 2014On February 19, 2014, the California Court of Appeal, Second Appellate District, Division Three issued its opinion in Burch v. Superior Court, supporting the much criticized decision of the Fourth Appellate District, Division Three (Orange County) in the case of Liberty Mutual Insurance Co. v....
|California Court of Appeals Allows for “Delayed Discovery” of Fraud Claims Against Law Firms for Improper Handling of Settlement Funds 17 Years After the Settlement Occurred; Decision Could Trigger Additional Suits Against Law Firms|
Daniel A. Berman; Wood, Smith, Henning & Berman LLP;
March 10, 2014, previously published on March 5, 2014On February 11, 2014, the California Court of Appeal issued its decision in Prakashpalan v. Engstrom, Lipscomb and Lack, holding that two homeowners could sue their former attorneys for alleged mishandling of funds received from settlement of claims involving the 1994 earthquake. Significantly, the...
|Update Regarding Colorado’s 2014 Legislative Session|
Wood Smith Henning Berman LLP;
March 10, 2014, previously published on February 25, 2014The most recent session of Colorado’s general Assembly began on January 8, 2014. This is a highlight of the bills that have been introduced so far which we thought would be of interest to our construction clients.
|Toxic Tort Admissibility of Expert Testimony|
Gordon G. Hauschild, Timothy John Repass; Wood, Smith, Henning & Berman LLP;
February 21, 2014, previously published on February 14, 2014The Ninth Circuit Court of Appeals vacated a $9.3 million asbestos verdict, holding that the US District Court for the Western District of Washington erred in admitting expert testimony without undergoing a Daubert hearing and without making the necessary findings of relevancy and reliability under...
|Colorado’s Home Owner Protection Act Did Not Apply Retroactively to Invalidate a Limitation of Liability Clause in a Construction Contract|
Lisa Bondy Dunn, Christina M. Gilbertson; Wood, Smith, Henning & Berman LLP;
February 12, 2014, previously published on February 4, 2014On January 30, 2014, the Colorado Court of Appeals issued its decision in Taylor Morrison of Colorado, Inc. f/k/a Morrison Homes of Colorado, Inc. v. Bemas Construction, Inc. and Terracon Consultants, Inc. The key issue in this opinion was whether the limitation of liability clause in the contract...
|Washington State Professional Liability Update: Supreme Court Expands the Independent Duty Doctrine|
Gordon G. Hauschild, Timothy Repass; Wood, Smith, Henning & Berman LLP;
November 26, 2013, previously published on November 19, 2013This case further expands the independent duty doctrine in the professional liability context. The Supreme Court of Washington increased the scope of remedies available to plaintiffs in claims against design professionals finding that a tort duty arises independently of any contractual duties.
|Colorado Court of Appeals Accepts an Interlocutory Appeal on the Issue of Amending CC&Rs to Avoid Arbitration|
Lisa Bondy Dunn; Wood, Smith, Henning & Berman LLP;
November 26, 2013, previously published on November 19, 2013When a planned residential development is created, the owners’ association is governed by a Declaration of Conditions, Covenants and Restrictions (“CC&Rs”). Very often, the developer who creates the CC&RS will include an alternative dispute resolution procedure in the CC&Rs so...