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References in periodicals archive ?
This is the current state of homebuilding in communities that do not limit construction defect litigation. There is always a "defect" if one is incentivized to look hard enough.
Another burgeoning issue for insurers is construction defect litigation, which targets builders, contractors, developers, sub-contractors, architects, engineers, even material suppliers, and product manufacturers.
A December decision in California should lessen the financial responsibility of contractors involved in construction defect litigation in that state.
The second, state regulatory reforms, involves revising environmental review and local planning regulations, resolving the impact of construction defect litigation on attached housing production, maximizing community building in the construction and remodeling of schools and eliminating barriers to brownfield redevelopment.
In a contract/warranty model of construction defect litigation, the recoverability of consequential damages would hinge on whether the harm incurred was foreseeable to the defendant builder.
Stott, "Stigma Damages: The Case for Recovery in Condominium Construction Defect Litigation," 25 California Western Law Review, 367 (1989).
In 2015, he published Florida Construction Defect Litigation, which is now in its 4th edition.
Howanitz focuses her practice on defending claims in matters of general negligence, personal injury, medical malpractice, legal malpractice, insurance agent malpractice, and construction defect litigation in Jacksonville.
"The construction defect litigation going on is just an abuse of the system," says O'Neill, who also serves as president of the Sacramento-based BIA of Superior California.
"The goal of the legislation is to bring insurers back into the contractor liability marketplace by eliminating frivolous construction defect litigation. It also would benefit homeowners by providing a tool to resolve construction defect suits in an expedient manner."
"The decision in the Aas case states that recovery for construction defect litigation can only be made where there's property damage or personal injury," notes Paul Joelson, of Joelson Vail Associates, an architectural consulting firm.
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