"News and Information for Construction Defect and Claims Professionals"
CONSTRUCTION DEFECT JOURNAL - ISSUE 242749 - WEDNESDAY, MARCH 19, 2025
H.B. 25-1261 dramatically shifts the legal landscape in favor of plaintiffs’ attorneys and against homebuilders.
Colorado lawmakers have introduced House Bill 25-1261, a measure that, while ostensibly aimed at protecting homeowners from construction defects, will ultimately drive up the cost of housing, particularly for affordable condominiums and townhomes. This bill makes it easier to sue builders, extends the statute of limitations, and will have long-term negative consequences for housing development in Colorado. H.B. 25-1261 has been assigned to the House Transportation, Housing, and Local Government committee and is scheduled for hearing on March 11th.
If the state wants to encourage home construction — especially in the affordable housing sector — this bill is not the answer. It will hurt, not help, Colorado homeowners and prospective buyers. For that reason, we encourage anyone interested in increasing Colorado’s housing stock or in making housing more affordable to reach out to their legislators to urge opposition to H.B. 25-1261.
Mr. McLain may be contacted at mclain@hhmrlaw.com
Reprinted courtesy of David McLain, Higgins, Hopkins, McLain & Roswell
In Moss & Associates v. Daystar Peterson, a condominium unit owner sued the condominium association and general contractor in a lawsuit grounded on construction defects.
Mr. Adelstein may be contacted at dma@kirwinnorris.com
Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
When building in Florida, you may encounter a contractual provision that allows the owner or general contractor to terminate a contractor’s work “for convenience.”
Mr. Mainzer may be contacted at tmainzer@carltonfields.com
Reprinted courtesy of Troy Mainzer - Carlton Fields
On August 27, 2020, the insured notified Mt. Hawley of a claim for damage to the Properties caused by Hurricane Laura.
Mr. Eyerly may be contacted at te@hawaiilawyer.com
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
This article discusses the implications and application of this theory to arbitration agreements, and it also provides several examples to better describe the application of this theory.
Mr. Heath may be contacted at jheath@joneswalker.com
Reprinted courtesy of Jordan Heath, Jones Walker LLP
The Rockefeller case confirms that New York policyholders are not limited to breach of contract claims when an insurer acts in bad faith.
General Construction Investigation - Licensed General Building Contractor CA, AZ, UT, FL
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Extensive testimony experience attendant to numerous commercial and residential construction defect and claims related expert witness designations
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Pillsbury's Real Estate and Construction Law Team discusses recent industry news.
Reprinted courtesy of Pillsbury's Construction & Real Estate Law Team
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Rising prices can convert a profitable venture into a catastrophic financial failure. How are contractors and subcontractors to protect themselves?
Mr. Porter may be contacted at bporter@porterlaw.com
Reprinted courtesy of William L. Porter, Porter Law Group
Therese Ellis argued that the client had no duty to perform landscaping services on the date of loss, had no notice of any dangerous condition, and that Plaintiff assumed the risk of such condition.
Reprinted courtesy of Dolores Montoya, Bremer Whyte Brown & O'Meara LLP
This article focuses on three important clauses in direct federal contracting that dictate contractors’ rights and responsibilities when it comes to price escalation, increased costs, and taxes imposed after contract execution.
The publication’s annual Top Professional Responsibility Lawyers list honors the top-performing attorneys in the areas of legal malpractice and ethics.
Mr. Slome may be contacted at Brian.Slome@lewisbrisbois.com
Reprinted courtesy of Brian Slome, Lewis Brisbois
Wet weather in November helped grasses grow and thrive, but a dry winter has parched vegetation and raised the prospect for damaging blazes.
Fatal falls continue to account for the greatest number of construction deaths, stubbornly staying in the 250-300 range each year from 2018-22, according to U.S. Labor Dept. data.
Mr. Korman may be contacted at kormanr@enr.com
Reprinted courtesy of Richard Korman, Engineering News-Record
California Architectural Registration Board Supplemental Examination Commissioner
(800) 482-1822
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Ms. Shrewsberry may be contacted at lshrewsberry@tlsslaw.com
Reprinted courtesy of Lisa L. Shrewsberry, Traub Lieberman
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Bert L.. Howe & Associates, Inc., provides construction-related expert witness investigation and trial support services to the nation's most recognized publicly traded builders, commercial general liability carriers, law firms, and construction practice groups. To schedule a no-cost consultation with a construction or design expert possessing the credentials, licensures, and qualifications best suited to your matter, please contact us at 800.482.1822
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