Construction Defects
The “Construction Defects” category contains articles and court case decisions that involve issues relating to construction defects.
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Homeowners Can Employ Derivative Actions When Their Board Refuses to Pursue Claims
- Construction Defects
Frequently homeowners in common interest developments that are controlled by homeowners associations find that their board of directors is unwilling
Iowa Sup Ct Rules Foreclosing Lender Cannot Sue Builder for Claims Based on Implied Warranty
- Case Decisions, Construction Defects, Ownership and Transfer of Interest
Iowa Supreme Court decision (December 12, 2014). In this case, a bank acquired title to an apartment complex by accepting
- Construction Defects
Due to the nature of construction, it typically takes a significant period of time for property owners and users to
Oregon Ct. Says HOA Had Six Years from Discovery to File Action for Construction Defects
- Case Decisions, Construction Defects
A homeowners association brought suit against the original developer and general contractor for damages resulting from alleged faulty construction. The
Nevada Sup Ct Clarifies Who Must Receive Statutory Prelitigation Notice Re Construction Defects
- Case Decisions, Construction Defects, Dispute Resolution
Nevada Supreme Court decision (August 7, 2014). After homeowners found allegedly defective plumbing parts in their residences, they provided a
Texas Court Says HOA Has No Duty to Disclose Latent Defects to Prospective Home Buyer
- Case Decisions, Construction Defects
Texas Appellate Court decision (July 31, 2014). Plaintiffs in this action purchased property located in a common interest development that
Project’s Principal Architect Owes Duty To Future Homeowners Even If Client Makes Ultimate Decisions
- Case Decisions, Construction Defects
California State Supreme Court decision (July 3, 2014). A homeowners association sued a the project developer and various other parties
Homeowners Association’s Lawsuit Against Developer for Construction Defects Subject to Binding Arbitration Per Governing Documents
- Construction Defects
August 16, 2012. The State Supreme Court in California reversed a trial court and an appellate court’s rulings in favor
Architects and Other Design Professionals May Be Liable for Damages from Construction Defects
- Construction Defects
December 13, 2012. A California Appellate Court reversed a trial court’s ruling in favor of an architectural firm that had
