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|Implied Warranty Of Habitability Owed By A Home Builder To A Residential Purchaser Of A New Home Does Not Extend To The Subsequent Purchaser Of The Home.|
Timothy G. Ventura; Marshall Dennehey Warner Coleman & Goggin, P.C.;
September 29, 2014, previously published on October 1, 2014Residential purchasers of a three-year-old home brought a claim against the builder of the home for breach of the implied warranty of habitability upon discovering water infiltration and latent construction defects. However, they were not in contractual privity with the builder; rather, they had...
|Louisiana New Home Warranty Act & the LREC Property Disclosure Form|
Christie L. Laporte; Galloway, Johnson, Tompkins, Burr & Smith A Professional Law Corporation;
September 15, 2014, previously published on September 8, 2014This post is in response to the Louisiana New Home Warranty Act, La. R.S. 9:3141 et seq., and the mandatory Louisiana Real Estate Commission (LREC) property disclosure form. Case: Stutts v. Melton, 2013-0557 (La. 10/15/13), 130 So. 3d 808, 810, reh’g denied(Dec. 6, 2013).
|Tips and Updates Related to Construction Contracts|
Matthew H. Hanka; Fryberger, Buchanan, Smith & Frederick, P.A.;
September 3, 2014, previously published on August 28, 2014This summer promises to be a busy one for local construction projects. Commercial and residential projects are rapidly increasing in number. And, regardless of whether you are involved in a large commercial project, or looking to update or build a new home, the following practical tips and...
|Shafer Electric & Construction v. Mantia: PA Supreme Court Holds That Noncompliance with the Home Improvement Consumer Protection Act Does Not Entitle Homeowners to Free Work|
Matthew L. Erlanger, Jennifer M. Horn; Cohen Seglias Pallas Greenhall & Furman PC;
September 2, 2014, previously published on August 21, 2014Pennsylvania’s Home Improvement Consumer Protection Act (“HICPA”), which went into effect in 2009, generally requires that home improvement contracts be in writing and contain thirteen specific items (including the contractor’s home improvement contractor registration...
|Buying “As Is” Precludes Future Claims|
Meredith Eilers; Bernstein Shur;
August 27, 2014, previously published on August 25, 2014 In a decision issued on August 20, 2014 by the First Circuit Court of Appeals in Boston, the court both enforced an “as is” provision in a purchase and sale agreement and concluded that the sale of a multimillion dollar oceanfront property in Bar Harbor was not accompanied by...
|Asbestos Use Rises in India Despite Protests|
Katie Nealon; Brayton Purcell LLP;
August 26, 2014, previously published on August 15, 2014Despite hundreds of asbestos and medical professionals advising India against the use of the substance, government officials continue to condone and encourage asbestos use in commercial and residential construction projects within the country.
|Principal Architects on Residential Projects Liable for Construction Defects Outside Their Control; Developers and Owners May Pay the Price|
Meredith A. Jones-McKeown; Sheppard, Mullin, Richter & Hampton LLP;
July 24, 2014, previously published on July 16, 2014On July 3, 2014, the California Supreme Court decided the much watched case Beacon Residential Community Assoc. v. Skidmore, Owings & Merrill, LLP. The court held that the “principal architect” “owes a duty of care to future homeowners in the design of a residential building ....
|Reed Construction Data - Economy Improving Slowly but Surely|
Michael R. Bosse; Bernstein Shur;
July 22, 2014, previously published on July 18, 2014Reed Construction Data reports that the economy continues to improve but challenges remain. Based upon recent construction data from Reed Construction, the industry’s economy continues to improve even though it remains sluggish and somewhat uneven. Year-to-date, seasonally adjusted spending...
|Alabama Supreme Court Reverses Field on Coverage for Homebuilder Faulty Workmanship|
J. David Moore; Jones Walker LLP;
April 15, 2014, previously published on April 2014In an earlier issue of this newsletter, we reported on the Owners Insurance Company v. Jim Carr Homebuilder, LLC case, in which the Alabama Supreme Court held that a general contractor's faulty workmanship on a home was an "occurrence" invoking coverage only if it resulted in damage to...
|Alabama Supreme Court Reverses Prior Ruling, Joins Majority of States' Opinion that Damage From Poor Workmanship Qualifies as an 'Occurrence'|
Colodny Fass Talenfeld Karlinsky Abate Webb P.A.;
April 4, 2014, previously published on April 2, 2014When faulty construction of an Alabama residence was alleged to have led to water leakage and extensive damage in other parts of the home, the general contractor's insurance company contended that none of that loss resulting from the poor workmanship qualified as an "occurrence" under the...