The Recovery of Legal Fees for Construction Defect Claims Becoming Harder

Legislation being introduced around the country is making it harder to recover legal fees for construction defect claims when plaintiffs are successful. In many states around the country, legislation is being introduced giving contractors the “right to repair” before homeowners are allowed to claim compensation for construction defects. Supporters of the legislation say that the…


The Pros and Cons of Using Drones to Identify Construction Defects

Lawyers are starting to investigate the pros and cons of using drones to identify construction defects or disprove their existence in lawsuits and litigation. Several interesting articles about the pros and cons of using drones to identify construction defects have emerged recently – the general consensus of opinion being that aerial video and photography captured…


Ohio Association Claims Compensation for Inadequate Waterproofing

A Property Owners Association in Central Ohio is claiming compensation for inadequate waterproofing in all seventy-four condominiums on their complex. Until recently, owners of the condominiums at Villas at Northstar in Westerville, Ohio, were happy with their spacious properties. Built in 2005, the condominiums are clustered in three or four-unit buildings in a quiet and…


Nevada Makes Homeowner Construction Defect Claims Much Tougher

The recent passage of the Homeowners Protection Act in Nevada has been criticized for making homeowner construction defect claims much tougher. Late last month, Nevada Governor Brain Sandoval signed Assembly Bill AB125 into law – the Homeowners Protection Act. The Bill makes sweeping changes to the state´s “Chapter 40” legislation relating to homeowner construction defect…


Insurance Company Ordered to Settle Negligent Workmanship Compensation Claim

The Oregon Court of Appeals has ordered the American Family Mutual Insurance Company to settle a negligent workmanship compensation claim in which its policyholder was found liable. In November 2009, the FountainCourt Owners Association from Beaverton in Oregon made a negligent workmanship compensation claim against the general constructor of their European-style complex and several of…