A U.S. District Judge has told a group of plaintiffs to resubmit their faulty window class action for damages after finding multiple faults with their motion. The proposed faulty window class action stems from the claims of fifteen homeowners, who allege that windows made and supplied by Kolbe & Kolbe Millwork Co Inc. of Wausau…
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…
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…
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…
Rob Ryan – the defensive coordinator for the New Orleans Saints – has filed a construction defect claim for faulty foundations in his $2 million home in the Audubon neighborhood. Ryan bought the property in May 2013, shortly after he joined the New Orleans Saints, assuming it was structurally sound and ready for occupancy. However,…
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…
The Oregon Court of Appeals has ruled on a Statute of Limitations issue that was preventing a POA from making a water intrusion compensation claim. In May 2000, Cypress Ventures Inc received final permits and certificates of occupancy for Riverview Condominiums – a 17-unit project in Multnomah County Oregon. Property sales began and, in December…
An agreement has been reached in an apartment fire building compensation claim three days into a hearing at the Pennsylvania Court of Common Pleas. The apartment fire building compensation claim was brought by residents of Windermere Court Apartments in West Pennsylvania following a blaze that destroyed their homes and possessions on January 10th 2012. According…
Judges at the Supreme Court in Pennsylvania have overturned a verdict in an implied warranty claim meaning that home buyers – who were not the original purchaser-owners – can no longer claim compensation from a builder if construction defects are discovered at a later date. In September 2003, the Cutler Group built a home for…
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…
