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|Implementing Institutional Controls at Brownfields and Other Contaminated Sites.|
Quattlebaum Grooms Tull Burrow PLLC;
March 11, 2013Implementing Institutional Controls at Brownfields and Other Contaminated Sites.
|Attention Pennsylvania Home Builders: The Warranty of Habitability May Extend to Subsequent Purchasers|
Jennifer Budd, John A. Greenhall; Cohen Seglias Pallas Greenhall & Furman PC;
January 31, 2013, previously published on January 11, 2013For decades, Pennsylvania Courts have limited the scope of the implied warranty of habitability to the first user of the home. For the first time, in Conway v. Cutler Group, Inc., the Pennsylvania Superior Court permitted a homeowner, who was not the initial purchaser of the home, to maintain a...
|Home Builders Could Be Liable For Repairs|
Kevin F. McKeegan, Brandon B. Rothey; Meyer, Unkovic & Scott LLP;
January 14, 2013In a case of first-impression in Pennsylvania, the Pennsylvania Superior Court announced that home builders could be liable under the implied warranty of habitability not only to their customers, but also to later purchasers of the residence.
|California Court of Appeal Confirms Design Professionals May Bear Liability Under SB 8OO and Tort Theories for Defects in Their Work|
Sheila E. Fix, Stephen J. Henning, Keith Smith; Wood, Smith, Henning & Berman LLP;
December 28, 2012, previously published on December 20, 2012On December 13, 2012, the California Court of Appeal, First District, Division 5, filed its opinion in the matter of Beacon Residential Community Association v. Skidmore, Owings & Merrill, LLP. The case involves whether a design professional owes a duty to a homeowners' association and its...
|Subsequent Purchasers May Now Have More Rights Against Homebuilders Than Original Purchasers|
Jill Ann Herman, Rosary A. Hernandez, Jason Mullis; Wood, Smith, Henning & Berman LLP;
December 13, 2012, previously published on December 7, 2012Following the Arizona Supreme Court's ruling in Richards v Powercraft permitting subsequent purchasers to pursue implied warranty claims even in the absence of privity, Arizona courts have had a difficult time determining whether to categorize this creature of public policy as a tort or a contract...
|Homebuilder Wins Important Appellate Victory in SB 800 Case|
Amy L. Foscalina, Stephen J. Henning, Robin Krutzch; Wood, Smith, Henning & Berman LLP;
December 10, 2012, previously published on December 4, 2012California's right to repair statute, SB 800, went into effect on January 1, 2003. Since that time, SB 800 has gone largely untested in the judicial system, leaving the parties to dispute almost every aspect of the statutory framework.
|Mississippi Supreme Court Finds “Earth Movement” Exclusion Not Limited to Naturally Occurring Events|
George B. Hall; Phelps Dunbar LLP;
November 28, 2012, previously published on November 2012The Mississippi Supreme Court has upheld summary judgment in favor of an insurer that denied coverage to a contractor based on an “earth movement” exclusion despite claims of negligence. Hankins v. Maryland Cas. Company/Zurich American Ins. Co., 2012 WL 4711437 (Miss. Oct. 4, 2012)
|Will Developers Be Required to Subsidize Canada Post’s Financial Losses?|
Blaney McMurtry LLP;
November 7, 2012, previously published on October 30, 2012Canada Post recently provided notice via Mayors’ offices across Canada that, in addition to the current requirement for the developer to build either a condominium mailroom or provide super mail box pads, developers will now be charged a one-time fee of $200 per address to install and...
|HB 383/CSPA Revisions: A New Home for Consumer Remedies for Home Construction Services|
David V. Allen; Taft Stettinius & Hollister LLP;
October 16, 2012, previously published on October 8, 2012The Ohio legislature recently removed consumer remedies arising under most home construction services contracts from the operation of the Ohio Consumer Sales Practices Act, Ohio Revised Code § 1345.01 et seq. (the “CSPA”) by creating a separate statute, found in Ohio Revised Code...
|Liability and Unlicensed Contractors|
Nora Devitt; Ross Feller Casey LLP;
August 17, 2012Hiring an unlicensed contractor to perform work on your home will ultimately increase your risk and liability.