Colorado’s Need for Condos May Spark Construction Defect Law Reform
January 29, 2014 —
Beverley BevenFlorez-CDJ STAFFOn January 6th, Ed Sealover of the Denver Business Journal reported that Denver Mayor Michael Hancock has asked Colorado legislators “to pass a reform law that will make it easier to build condos without fear of getting sued.” Hancock is one of several mayors “to advocate for a construction defects reform proposal that was killed by Democrats in a committee last year.”
The problem, Sealover notes, is that only “2 percent of new housing in the state is multifamily units made for ownership—far lower than the 20 to 25 percent of such housing stock in other states represented by condos.”
There is some dissent as to whether reforming construction defect laws is the solution to the housing problem: “Taking away rights of homeowners to get shoddy construction fixed in what is likely the most expensive purchase in their life is not the way to fix the lack of affordable housing,” Lynea Hansen, spokeswoman for a group of construction defect homeowners told Sealover.
Furthermore, on January 7th, Sealover reported that Democrats “expressed skepticism” about a need to reform the laws, saying “they need more data on what is causing owner-occupied multifamily housing to be such a small part of the new housing market.” Moreover, Senate President-elect Morgan Carroll stated that she “wants to look into issues like why it is so hard to get insurance for building condominiums or examine why some areas of Colorado are seeing condo development and others aren’t.”
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Discussion of the Discovery Rule and Tolling Statute of Limitations
February 26, 2015 —
Beverley BevenFlorez-CDJ STAFFAttorney Clay Olson analyzed a recent South Carolina appeals case that “discussed the threshold for ‘notice’ as it pertains to statute(s) of limitations in construction defect cases. At the root of this action was a 2003 forensic report obtained by the HOA which was not acted upon until 2009.”
Olson presented the background of the case as well as the case progression. Olson concluded, “It is well settled that an expert’s findings, when presented to a claimant, trigger the statute of limitations as to the specific defective conditions and locale where defects are present. This case is interesting in its treatment of the initial report as a trigger of all defects in not only the main building which was subject of the 2003 report, but additional structures.”
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Congratulations to San Diego Partner Johnpaul Salem and Senior Associate Scott Hoy for Obtaining a Complete Defense Verdict!
November 13, 2023 —
Dolores Montoya - Bremer Whyte Brown & O'Meara LLPPartner Johnpaul Salem and Senior Associate Scott Hoy just concluded a 4-week trial defending a local renowned hotel in San Diego. Plaintiff alleged premises liability against BWB&O’s client arguing plaintiff was injured while riding in an elevator due to alleged negligent maintenance and inspection. Plaintiff brought in a “hired gun” elevator expert from Missouri and sought $25 million in damages for two fractured ankles, a compound tibia fracture, and lifelong CRPS/PTDS/anxiety. BWB&O argued any injuries sustained were a direct result of Plaintiff’s actions. After a passionate and powerful closing argument by Mr. Salem, attacking the foundation of Plaintiff’s expert’s opinions and presenting vigilance of the hotel in the safety of its guests, the jury unanimously ruled in BWB&O’s client’s favor.
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Dolores Montoya, Bremer Whyte Brown & O'Meara LLP
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U.K. High Court COVID-19 Victory for Policyholders May Set a Trend in the U.S.
November 09, 2020 —
Andres Avila & Anastasiya Collins - Saxe Doernberger & VitaOn September 15, 2020, in a matter entitled The Financial Conduct Authority v. Arch & Others1, the High Court of Justice of England and Wales, the equivalent of a trial court in the U.S., issued a ruling on a COVID-19 business interruption insurance case (the “Judgment”). Significantly, the Court sided with policyholders on most key coverage issues under specific non-damage business interruption insurance coverage forms. U.S. policyholders should review whether any of their policies issued by U.K.-based carriers, which may be subject to English law and have the forms discussed below, are impacted by this favorable decision.
The Financial Conduct Authority (“FCA”), the U.K. financial regulatory body, brought the case to establish liability under 21 lead representative sample policy wordings from eight insurer defendants. The case was filed on an expedited basis on June 9, 2020 under the Financial Market Test Case Scheme, which is used for claims of general importance that require authoritative court guidance. Although the Judgment is legally binding only on the carriers who were parties to the action, the FCA estimates the case could affect 700 types of policies across 60 different insurers, and 370,000 small to medium-sized enterprises policyholders (“SME”) in the U.K. While the Judgment may be appealed, it is expected to incentivize insurers to settle their claims before the outcome of an appeal is known.
Reprinted courtesy of
Andres Avila, Saxe Doernberger & Vita and
Anastasiya Collins, Saxe Doernberger & Vita
Mr. Avila may be contacted at AAvila@sdvlaw.com
Ms. Collins may be contacted at ACollins@sdvlaw.com
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Additional Insured Prevails on Summary Judgment For Duty to Defend, Indemnify
October 02, 2015 —
Tred R. Eyerly – Insurance Law HawaiiOn summary judgment, the insured general contractor prevailed not only on the duty to defend, but also the duty to indemnify. Wausau Underwriters Ins. Co. v. Old Republic Gen. Ins. Co., 2015 U.S. Dist. LEXIS 103954 (S.D. N. Y. Aug. 7, 2015).
170 Broadway entered into a construction management agreement with McGowan Builders Inc. to serve as its construction manager for a hotel being built in Manhattan. Under the agreement, McGowan obtained a general liability policy from Old Republic naming 170 Broadway as an additional insured. 170 Broadway also secured its own policy from Wausau.
Adam Burawski, an employee of a security company, came to the 170 Broadway site to meet with McGowan about provided security services for the project. Before the meeting, Burawski tripped and fell, sustaining a serious injury.
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Tred R. Eyerly, Insurance Law HawaiiMr. Eyerly may be contacted at
te@hawaiilawyer.com
Relief Bill's Highway Funds Could Help Construction Projects
January 04, 2021 —
Tom Ichniowski - Engineering News-RecordAmong the many provisions in the coronavirus relief bill, one key item is $10 billion to help state highway agencies make up for losses in state fuel taxes and other revenue due to the pandemic-caused falloff in traffic this year. Construction is one of a list of several eligible uses for the money—one of only a few construction funding provisions in the relief measure.
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Tom Ichniowski, Engineering News-Record
Mr. Ichniowski may be contacted at ichniowskit@enr.com
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Florida’s “Groundbreaking” Property Insurance Reform Law
April 18, 2023 —
Bradley S. Fischer & Laura Farrant - Lewis BrisboisFort Lauderdale, Fla. (April 18, 2023) – On December 16, 2022, Florida Governor Ron DeSantis signed into law Senate Bill 2-A (S.B. 2-A, or the Act). Widely touted as “groundbreaking,” S.B. 2-A reforms many aspects of the claims process, including the timing for paying and adjusting claims, eliminating one-way attorneys’ fee awards, and banning assignment-of-benefits agreements. This alert provides an overview of the key provisions of S.B. 2-A. Unless otherwise stated in each amended statute, December 16, 2022 appears to be the effective date of the Act.
I. Assignment of Benefits – Section 627.7152 (effective January 1, 2023)
- A policyholder may not assign any post-loss insurance benefits under any residential or commercial property insurance policy. Any attempt to assign such benefits is void, invalid, and unenforceable.
Reprinted courtesy of
Bradley S. Fischer, Lewis Brisbois and
Laura Farrant, Lewis Brisbois
Mr. Fischer may be contacted at Bradley.Fischer@lewisbrisbois.com
Ms. Farrant may be contacted at Laura.Farrant@lewisbrisbois.com
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Traub Lieberman Partner Lisa Rolle Obtains Summary Judgment in Favor of Defendant
November 15, 2022 —
Lisa M. Rolle - Traub LiebermanTraub Lieberman Partner Lisa M. Rolle obtained summary judgment in favor of defendant SRI Fire Sprinkler, LLC, a family-owned and operated fire sprinkler company which generally provides fire sprinkler installation, inspection, and maintenance services throughout the Northeast and New England. The judgment was determined pursuant to CPLR 3211(a)(5) on the grounds that Philadelphia Indemnity Insurance Company’s (Plaintiff) negligent construction claim accrued on the date when work was completed at the premises, not on the date of the incident as alleged in the Plaintiff’s complaint. In the underlying subrogation action, the Plaintiff commenced the action in subrogation of its insured, Bet Am Shalom Synagogue (Bet Am), to recover damages in excess of $173,390.86 which it allegedly paid to Bet Am for water damage cleanup and remodeling after certain sprinkler pipes froze and burst in the recently constructed wing of the Westchester synagogue on January 1, 2019 and January 7, 2019. The Plaintiff alleged that its subrogor, Bet Am, sustained interior water damage on the first floor and basement levels of the premises, including the carpets, drywall, insulation, bathroom, kitchen and appliances, dining room, hallways, closets, basement storage rooms and supplies, and basement classrooms.
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Lisa M. Rolle, Traub LiebermanMs. Rolle may be contacted at
lrolle@tlsslaw.com