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HTMLBuying “As Is” Precludes Future Claims
Meredith Eilers; Bernstein Shur;
Legal Alert/Article
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...


HTMLAsbestos Use Rises in India Despite Protests
Katie Nealon; Brayton Purcell LLP;
Legal Alert/Article
August 26, 2014, previously published on August 15, 2014
Despite 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.


HTMLPrincipal 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;
Legal Alert/Article
July 24, 2014, previously published on July 16, 2014
On 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 ....


HTMLReed Construction Data - Economy Improving Slowly but Surely
Michael R. Bosse; Bernstein Shur;
Legal Alert/Article
July 22, 2014, previously published on July 18, 2014
Reed 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...


Adobe PDFAlabama Supreme Court Reverses Field on Coverage for Homebuilder Faulty Workmanship
J. David Moore; Jones Walker LLP;
Legal Alert/Article
April 15, 2014, previously published on April 2014
In 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...


HTMLAlabama 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.;
Legal Alert/Article
April 4, 2014, previously published on April 2, 2014
When 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...


HTMLTenant Improvements under the Builders Lien Act
Mitch Dermer, Robert A. Hodgins; Singleton Urquhart LLP;
Legal Alert/Article
February 24, 2014, previously published on February 17, 2014
Courts have consistently emphasized that the Builders Lien Act (Act) is to be interpreted strictly as it creates a preference for one creditor over the other. The Act requires strict compliance. The recent British Columbia Supreme Court decision, Chandler v. Champion Enterprises (Canada) Inc.,...


HTMLFifth Circuit Rejects NLRB’s D.R. Horton Decision
McMahon Berger A Professional Corporation;
Legal Alert/Article
December 13, 2013, previously published on December 6, 2013
In what is being considered a big win for management attorneys and employers, the Fifth Circuit issued a 2-1 decision last week largely overturning the NLRB’s controversial D.R. Horton decision. D.R. Horton, Inc. v. NLRB, Case No. 12-60031 (5th Cir. Dec. 3, 2013). As explained in a prior...


HTMLHomeowners Affected by Stucco Defects Should Watch This Pennsylvania Supreme Court Case
Jennifer M. Horn, Matthew G. Tom; Cohen Seglias Pallas Greenhall & Furman PC;
Legal Alert/Article
November 22, 2013, previously published on November 15, 2013
Unfortunately, dealing with the serious and often financially debilitating issues related to defective stucco is nothing new to many Pennsylvania homeowners. In addition to repairing defective work, a homeowner’s status as a first purchaser of the home, as opposed to a subsequent purchaser,...


HTMLImplied Warranty of Fitness and Merchantability: Maronda Homes v. Lakeview Reserve
David Salazar; Cole, Scott & Kissane, P.A.;
Legal Alert/Article
November 7, 2013, previously published on November 1, 2013
The Florida Supreme Court recently issued an opinion in the Maronda Homes case and broadened the common law implied warranty of fitness and merchantability, also known as an implied warranty of habitability. Maronda Homes dealt with whether a developer’s common law implied warranty of fitness...


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