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|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...
|Tenant Improvements under the Builders Lien Act|
Mitch Dermer, Robert A. Hodgins; Singleton Urquhart LLP;
February 24, 2014, previously published on February 17, 2014Courts 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.,...
|Fifth Circuit Rejects NLRB’s D.R. Horton Decision|
McMahon Berger A Professional Corporation;
December 13, 2013, previously published on December 6, 2013In 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...
|Homeowners Affected by Stucco Defects Should Watch This Pennsylvania Supreme Court Case|
Jennifer M. Horn, Matthew G. Tom; Cohen Seglias Pallas Greenhall & Furman PC;
November 22, 2013, previously published on November 15, 2013Unfortunately, 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,...
|Implied Warranty of Fitness and Merchantability: Maronda Homes v. Lakeview Reserve|
David Salazar; Cole, Scott & Kissane, P.A.;
November 7, 2013, previously published on November 1, 2013The 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...