Developers, contractors welcome narrowing of construction defect claims

Many observers have long noticed the detrimental effects on commerce of excessive regulation. Developers and general contractors have seen this across much of the Mid-Atlantic where often well-meaning lawmakers have come up with regulations and statutes that often had the effect of depressing the creation of needed housing. It appears that lawmakers in Washington state … Read moreDevelopers, contractors welcome narrowing of construction defect claims

A case study in the importance of teamwork in construction defect defense

Readers in the District of Columbia Metropolitan Area undoubtedly know of the Silver Spring Transit Center, a construction project famous for wide-ranging, complicated disputes. The center’s owners (Montgomery County and the Washington Metropolitan Area Transit Authority) sued the designer, inspector and general contractor for more than $75 million for allegedly defective design and construction. Unsurprisingly, this … Read moreA case study in the importance of teamwork in construction defect defense

Construction defect defense: privity

It is not a word many of us use in everyday conversation: privity. But this legal term is important in discussions of contracts because there must be “privity” – a legally recognized interest in the same matter – for one party (a property owner) to sue another (a general contractor). In some situations, a property … Read moreConstruction defect defense: privity

State Supreme Court issues ‘victory for construction subcontractors’

For those in the construction industry wondering if the exponential growth in construction defect claims will continue unabated, there continues to be hopeful signs here and there that courts are looking at relevant statutes with new eyes. We read recently of such an example in a report about the Illinois Supreme Court overturning decades of … Read moreState Supreme Court issues ‘victory for construction subcontractors’

Part I: Construction defects case hinges on purchase agreement

We read recently of a construction law dispute that involves a developer, contractor and a general release. The case began back in 2005 when Variel Warner Ventures, LLC agreed to a construction contract with Verdugo Management & Investment, Inc. for improvements in an apartment complex. As part of the contract, Verdugo agreed to make good, … Read morePart I: Construction defects case hinges on purchase agreement

Part II: Construction defects case hinges on purchase agreement

In a previous blog post, we wrote about an interesting case involving a developer, contractor and a general release in a purchase agreement. A quick recap: a company referred to as Verdugo agreed to make improvements to an 85-unit apartment complex, but its work included construction defects in flashing and counterflashing that resulted in water leaks – … Read morePart II: Construction defects case hinges on purchase agreement

Anticipating Construction Industry Legal Issues for 2019

A new year is upon us, which means it is the perfect time to look back at what went right and wrong in 2018 and to look forward to what can be reasonably expected and planned for in 2019. A recent “Builder” magazine article helps readers anticipate legal issues likely to surface for those in … Read moreAnticipating Construction Industry Legal Issues for 2019

Documentation can help minimize construction defect claims

Good, detailed documentation of your health history and past medical procedures helps your doctor to make accurate diagnoses. Accurate documentation also enables professors, students, historians, accountants, legislators and others do their jobs and keep others apprised of developments, changes and points of view. Detailed documentation can also help developers and general contractors minimize or even … Read moreDocumentation can help minimize construction defect claims

Part I: Potential defenses to construction defect claims

Those of us who have spent a few years in the Mid-Atlantic region know that our part of the country is as litigious as any other – sometimes even more so. People in one aspect or another of the construction industry – real estate developers, general contractors, subcontractors, designers and others – understand that litigation … Read morePart I: Potential defenses to construction defect claims

Part II: Potential defenses to construction defect claims

Regular readers of our Mid-Atlantic Civil Litigation Defense Firm blog know that in a recent post we described one of the most effective defenses available in construction defect litigation. Quite simply, it is to make clear to the court that the other party does not have the legal right to sue. In this second part … Read morePart II: Potential defenses to construction defect claims