Construction Defects

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Colorado finally corrects thirty-year old flaw in construction defect statute of repose

The Colorado Supreme Court has finally settled a decades-old conundrum surrounding the state’s construction defect statute of repose.  A statute of repose is similar to a statute of limitations insofar as both restrict the time a party can bring a

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Why Colorado lawmakers hope this is the year to solve the affordable condo crisis

This much perhaps everyone can agree on: Colorado is in an affordable housing crisis, whether you live on the Front Range, Western Slope or the Eastern Plains. Affordable housing is almost a myth, with rents in Denver for a one-bedroom

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HOA in Daybreak files lawsuit against homebuilders (UT)

Leaky roofs, leaky windows and damage to insulation: just some of the problems homeowners in a Daybreak neighborhood are dealing with. Now the HOA has decided to sue the builders of the nearly 10-year-old homes.  Kori and Mason Emerson were

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Homeowner consent bill introduced in House as latest salvo in construction defects battle (CO)

Yet another attempt to reform Colorado’s construction defects statute has been introduced in the legislature, this time a bipartisan bill that would require majority approval by homeowners to initiate a legal action against a builder rather than leaving that decision

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Lawmakers introduce bipartisan compromise bill to tackle construction defects issues (CO)

A bipartisan group of legislators introduced a compromise bill late Friday aimed at encouraging developers to build condominium projects while preserving the right of homeowners to have their day in court.  The legislation arrives at the end of a week

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Colorado construction-defects reform centerpiece assigned to ‘kill committee’ (CO)

House Speaker Crisanta Duran assigned the business community’s centerpiece construction-defects reform bill late Tuesday to the so-called “kill committee,” disappointing backers and sponsors of Senate Bill 156 and refocusing efforts on a yet-to-be-introduced successor bill that deals with fewer of

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Death of Democratic construction-defects bill refocuses effort on comprehensive reform (CO)

A Colorado Senate committee on Monday killed a construction-defects reform bill described by its author as a compromise measure to untangle the state’s year’s long battle over laws that many argue thwarting new development of affordable multi-family housing in Colorado.

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Construction Defects and Insurance: Proactive Steps to Protect Your Community

All the media and legislative talk of construction defect litigation and its impact on condominium construction in Colorado may seem like discussion that does not impact existing communities. But the changes to state and local laws concerning construction defect litigation

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Economic Damages and the Right to Repair Act: You Can’t Have it Both Ways (CA)

In 2002, the California State Legislature passed Senate Bill 800 also known as the Right to Repair Act (Civil Code Sections 895 et seq.) in an effort to stem a then rising tide in residential construction defect litigation.  SB 800,

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Mayors campaign for construction defects bill (CO)

While mayors around the metro area are backing a state legislative effort restricting construction defects lawsuits that they say discourage the building of attainable housing — such as condominiums and townhomes — critics say it would take away a homeowner’s

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Poor Workmanship Tops List of Construction Defects in New Report From Community Associations Institute (CAI)

The majority of construction deficiencies occur in new condominium developments compared to townhomes and single family homes, according to a new study released today by Community Associations Institute (CAI), the leading authority in community association education, governance, and management.  The

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Plaintiffs in $4.7 million construction defect case mum after ruling

Plaintiffs in a major construction lawsuit that ended with a San Diego law firm recovering nearly $5 million have decided to stay silent after the ruling was in their favor.  The law firm, which represented Laurel Bay Community Association, won

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Construction defects bill OK’d by state Senate committee (CO)

The second piece of legislation aimed at resolving concerns with construction defects in Colorado passed 5-2 Monday by the Senate Business, Labor and Technology committee.  Senate Bill 156 would require homeowners seeking restitution for faulty work by contractors to go

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Apartments v. Condos: Colorado’s construction defect debate, explained

Once again, state lawmakers are arguing about changing construction defect laws.  At the heart of this issue is condo buildings– specifically, the lack of them.  Those who want to change the law argue it’s too easy to sue the builder

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Duran says she’ll monitor GOP bill to steer construction complaints to arbitration (CO)

House Speaker Crisanta Duran said this week she intends to monitor a Republican-sponsored Senate bill aimed at encouraging construction of condominiums by changing how disputes over construction problems are resolved and “see what shape it takes” as it makes its

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Coalition of Colorado Mayors Calls on Legislatures to Pass Senate Bill 156

A bipartisan coalition of metro area mayors in Colorado called on legislatures to pass the Republican-sponsored Senate Bill 156, described as “Homeowners’ Association Construction Defect Lawsuit Approval Timelines.” The Colorado Statesman staffer Ernest Luning explains that the bill is likely

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The Latest Construction Defect Bill Requires Notice, Disclosure, and Approval Prior to Commencing an Action (CO)

Prior to the beginning of the 2017 Legislative Session, the legislature promised to address construction defect reform. True to their words, five different and, in some cases, competing bills have been introduced, aimed at addressing construction defects. The latest bill,

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Litigation heats up at downtown Miami’s Vizcayne condo complex(FL)

Tally up another construction defect lawsuit for downtown Miami’s two 49-story Vizcayne condo buildings.  The south tower’s condo association just filed suit against more than two dozen construction firms that worked on the Vizcayne project, alleging counts that range from

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Can a piecemeal approach get Colorado to construction defects reform?

For years now, construction defects reform has been a top priority for city officials, for affordable housing advocates, for builders and developers, and for years, it hasn’t happened.  The way to make progress on construction defects reform is through narrowly

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Construction Defect – Application of the Right to Repair Statute to Material Suppliers (CA)

Civil Code § 8951 et seq. (the “Act”) establishes a set of building standards pertaining to new residential construction and provides homeowners with a cause of action against, among others, material suppliers, for a violation of the standards(§§ 896, 936).

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Condo board sues VE Equities, Elliman over alleged defects at 250 Bowery (NY)

The condominium board at 250 Bowery filed a lawsuit against developer VE Equities, Morris Adjmi Architects and Douglas Elliman for allegedly selling them shoddy apartments.  In a complaint filed with New York State Supreme Court Thursday, the board alleges that

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Will a Statutory Right to Repair Construction Defects Increase First-Time Homebuyers? (CO)

On February 6, 2017, House Bill 17-1169 was introduced and assigned to the State, Veterans, and Military Affairs Committee. H.B. 17-1169 proposes a mechanism for a construction professional to offer to repair or offer to fund repairs for a construction

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Bills Proposed In MD Gen. Assem. To Limit Restrictions Imposed By Condo Developers re:Construction Defect claims

Proposed legislation now pending in the Maryland General Assembly would prevent condominium developers from limiting the ability of the council of unit owners and individual unit owners to bring construction defect claims for issues affecting the condominium. Senate Bill 670

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1010 Central condo owners claim ‘defective’ construction, sue builder (FL)

Condominium owners in downtown St. Petersburg are hopping mad over alleged “defective” construction of their complex, as well as a variety of building code violations.  The 1010 Central Condominium Association, a nonprofit corporation representing owners in the complex at 1010

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Shifting balconies, water damage: Condo owners near UK sue to recover millions spent on repairs (KY)

A lawsuit pits condominium owners in the downtown Lexington CenterCourt complex against a company in which Lexington attorney Bill Lear is an investor and a Versailles construction firm owned by Mayor Jim Gray’s family.  The condo owners allege that poor

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Colorado construction defects bill opposed by groups it is designed to help

A bipartisan bill described as getting to the “heart” of the construction defect litigation issue saw widespread opposition Wednesday from the very groups it is intended to help.  The bill still passed the Senate Business, Labor and Technology Committee by

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Legislators still struggling over construction defects reform (CO)

The old adage goes, “If all you have is a hammer, everything looks like a nail.”  As the state’s construction defect reform battle wages on, the question is can stakeholders stop looking for problems and accept an assortment of tools

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(CO) Capitol Conversation: Construction Defects

Lawmakers in both parties are trying to make it more difficult for homeowners to sue condo developers over construction defects. They hope it will lead to more condo development and lower rents. But despite widespread support for the concept, legislation

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Mount Pleasant townhomes win $7.2M verdict over ‘faulty construction’

A Charleston County jury announced the award this week for the 105-unit Waverly at Hamlin Plantation Townhome Association after a six-day trial over “faulty construction.”  The homeowners group sued John Wieland Homes and Neighborhoods of the Carolinas Inc. in 2013

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New Jersey Supreme Court Affirms Coverage For Construction Defects

The New Jersey Supreme Court has affirmed the Appellate Division’s pro-policyholder decision in Cypress Point, confirming broad coverage for construction defects. Cypress Point Condominium Association v. Adria Towers, LLC (A-13/14-15) (076348) (August 4, 2016). The Appellate Division had reversed the

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Mandatory Arbitration for Construction Defects? (CO)

On February 1, 2017, Senate Bill 17-156 was introduced and assigned to the Business, Labor, and Technology Committee. S.B. 17-156 seeks to require mandatory mediation and/or arbitration for any construction defect action if the association’s governing documents previously required the

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Republicans introduce construction-defects reform bill – and it’s got a familiar ring (CO)

Colorado Republicans introduced the centerpiece bill of their construction-defects reform effort Wednesday — and it looks very similar to failed efforts from the 2014 and 2015 sessions.  Senate Bill 156, sponsored by Sen. Owen Hill, R-Colorado Springs, would require that

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(CO) Lawmakers try a new strategy to help bring condos back to Colorado

A precision-strike approach at the state Capitol to reform Colorado’s construction defects laws — rather than a comprehensive, catch-all bill — may be the best way to jump-start a condo market that has fallen way behind the recent population boom

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Construction-defects reform: Colorado House Speaker lays out changes she will back

Colorado House Speaker Crisanta Duran would support legislation requiring more homeowners to approve a construction-defects lawsuit and providing more information to those condominium owners about the effect of legal actions, she said Thursday.  It’s the legislative leader’s first indication that

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Legal Matters: Potential defense to construction defect claims

Anyone in the construction industry would likely acknowledge that litigation – and particularly construction defect litigation – is a part of doing business. But it is an expensive and time-consuming part of the business.  The costs and likelihood of litigation

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Trio of Edgemere on the Parkway Owners Sue Sellers, HOA, and Managing Agent ICI (TX)

Just last month we reported on a lawsuit involving Preston Tower and now it’s been uncovered that another Pink Wall condominium is reeling from at least three lawsuits filed by recent buyers against their HOA, the prior owners, and managing

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Housing coalition skeptical of Legislature’s plan to resolve construction-defect issues (CO)

Interests with the power to drive housing development in Colorado say the lone construction defects bill in the Legislature would do little to spur building.  House Speaker Crisanta Duran, D-Denver has pinned much of her hopes for bipartisan success this

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The Do’s and Don’ts of Community Association Warranties

When your homeowners association took control of your community from the developer, a lot of paperwork came with that. Some of the paperwork undoubtedly included a number of warranties. Since then, you have probably collected warranties for a range of

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Condo HOA Gets More Than $8 Million for Building Defects

Residents of the Arts District condominium complex the Barker Block have received more than $8 million to settle lawsuits that allege construction defects. Building occupants had long complained of problems including leaks and plumbing shutdowns.    Read the article………….

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Construction defects bill would tackle this vexing problem by trying to control insurance rates (CO)

Every year, Colorado legislators pledge to tackle construction defects reform, and every year it doesn’t happen.  Democrats and Republicans swear THIS IS THE YEAR, and there’s a bill with bipartisan sponsorship from state House and Senate leadership that focuses not

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2017 Colorado Legislative Session Promises Focus on Construction Defects

The 2017 legislative session opens today in Colorado! For those of you who are political junkies, following the recent elections, here is what you need to know about the makeup of the Colorado House and Senate:  There are 65 seats

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More Millennium Tower residents sue developer, city (CA)

Following November’s lawsuit, 20 tower residents led by Jerry Dodson, a former government litigator who also happens to live in the offending building, launched yet another suit against both the city and building developer Millennium Partners.  The complaint alleges that

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Colorado legislators believe this could be the year for construction defects reform

Legislative leaders from both sides of the aisle believe this is the year to pass robust construction defects reform in an effort to spur affordable housing development.  Lawmakers outlined their legislative agendas Thursday at a forum hosted by the Denver

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Federal Appeals Court Finds Luxury Condo Owner’s Suit Filed too Late Against Insurer (NV)

A luxury high rise condominium located in Las Vegas, Nevada, was found to have been barred from recovery of its $5 million window damage claim, according to a ruling by the Ninth Circuit of the U.S. Court of Appeals.  The

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Leverage Shift: Community Associations Facing Developer Transition Benefit From Court of Appeals’ Decision (NC)

The North Carolina Court of Appeals recently issued an opinion that should make it easier for owners associations to pursue remedies against developers if they discover construction defects in the common elements after control of the association is transferred from

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Macklowe sued over alleged defects at 150 E. 72nd St. (NY)

Residents of Harry Macklowe’s condo conversion at 150 East 72nd Street are very unhappy with their purchases — they’re taking the notoriously litigious developer to court over alleged construction defects and what they’ve said is a woefully inadequate building reserve

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Oregon High Court Clarifies How To Read the Four Corners of a Complaint

On December 8, 2016, the Oregon Supreme Court issued a decision, West Hills Development Co. v. Chartis Claims, Inc., 360 Or. 650 (2016), clarifying what allegations in a construction defect suit will implicate coverage under an “ongoing operations” additional insured

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Complaints About Toxins, Shoddy Construction Trail New England Developer (NH)

The Crims and five other homeowners also complained to the Consumer Protection Bureau of the N.H. Department of Justice. The state hired a civil engineer to inspect 40 brand new homes. The engineer found 450 building code violations, including walls

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Pre-Litigation Requirements For Condo Associations (TX)

When general contractors, subcontractors, and design professionals face claims or lawsuits arising from original construction or remediation of condominium projects, one of the most important—and also sometimes one of the most difficult tasks—has always been to catalog, usually by unit

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Homeowners dealing with costly construction mistakes (OH)

Homeowners across the country say they’re forced to pay thousands of dollars for construction mistakes, flaws and defects that some believe could have been prevented.  ABC 6 On Your Side collaborated with other investigative teams across the country to look

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