Seattle Washington Building Expert Directory

New Jersey Courts Sign "Death Knell" for 1979 Weedo Decision

October 21, 2015 — Jesse Howard Witt – Acerbic Witt
A new blog post from Kilpatrick Townsend & Stockton discusses two recent decisions limiting the holding of Weedo v. Stone-E-Brick, Inc., 405 A.2d 788 (N.J. 1979), a New Jersey case that has generated decades of commentary and debate, in my own writing as well as that of many others (at least 1880 citations, according to the blog). Read the court decision
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Reprinted courtesy of Jesse Howard Witt, Acerbic Witt
Mr. Witt welcomes comments at www.wittlawfirm.net

Ohio: Are Construction Defects Covered in Insurance Policies?

January 09, 2015 — Beverley BevenFlorez-CDJ STAFF
Amanda M. Leffler of Brouse McDowell analyzed Ohio’s 2012 Supreme Court case Westfield Ins. Co. v. Custom Agri Sys., Inc., which ruled that “’[c]laims of defective construction or workmanship brought by a property owner are not claims for ‘property damage’ caused by an ‘occurrence’ under a commercial general liability policy.’” Leffler stated that the Ohio Supreme Court decision wasn’t as “sweeping” as it might at first appear: “Rather, the Ohio Supreme Court adopted the rule that construction defects are covered ‘occurrences’ within the meaning of commercial general liability (‘CGL’) policies, but only to the extent that property other than the policyholder’s own work is damaged.“ Read the court decision
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Montana Court Finds Duty to Defend over Construction Defect Allegation

February 14, 2013 — CDJ STAFF
The U.S. District Court for Montana recently ruled on a case with underlying construction defect issues. Brian Margolies discussed Lukes v. Mid-Continent on the blog run by his firm, Traub Lieverman Straus & Shrewsberry LLP. In the construction defect case, the homeowner “alleged that the siding warped and pulled away from the house, which allowed for water intrusion and resulting exterior and interior damage.” Further, there were claims that “the insured or its subcontractor failed to install proper flashing, which also allowed for water intrusion.” The insured was Bernie Rubio, who had a general liability policy from Mid-Continent. Mid-Continent disclaimed coverage, citing sections of the business risk exclusions. The court did not find the clauses ambiguous, but concluded that they didn’t apply to the facts of the case. While the court concluded that Mid-Continent had a duty to defend, they did not determine if there was a duty to indemnify. Read the court decision
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New Home Sales Slip, but Still Strong

December 30, 2013 — CDJ STAFF
Economists say that prospective home buyers have adjusted to the increase in mortgage rates, according to AZCentral.com. And while there was a 2.1 percent drop in new home sales in November, estimates for the preceding months were revised upwards, beating estimates. October new home sales were at the highest they had been since the beginning of the recession. The Federal Reserve plans to taper off of economic stimulus, which should send interest rates even higher. This may have prompted some home buyers to get in the market sooner, rather than later, according to Sara Watt House, and economist with Wells Fargo. “It’s not really derailing people’s purchase plans,” said Ms. House. With reduction in inventory has come an increase in prices, which also could slow down sales of new homes. Read the court decision
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Recent Amendments and Caselaw Affecting the Construction Industry in Texas

April 19, 2022 — Frederick H. Wen - Gordon Rees Scully Mansukhani, LLP
Here are some recent Texas legislative amendments and Texas Supreme Court cases from the past year concerning the construction industry in Texas. 1) Recent Legislative Amendments Concerning the Construction Industry: a) The Texas Legislature throws a “Spear” in the Lonergan Doctrine to reduce general/subcontractor liability for owner-provided plans and specs: Forty-nine out of the fifty states follow the Spearin Doctrine under which owners warrant the accuracy and sufficiency of owner-provided plans and specs in construction contracts. On the other hand, for over a century, Texas has followed the Lonergan Doctrine under which, absent contractual language to the contrary, a general contractor/subcontractor, instead of the owner, bears the risk of deficiencies in owner-provided design documents, once they started construction. Texas Senate Bill 219, which went into effect on September 1, 2021, finally changed that and brought Texas in line with the rest of the country, with a few exceptions. Read the court decision
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Reprinted courtesy of Frederick H. Wen, Gordon Rees Scully Mansukhani, LLP
Mr. Wen may be contacted at fhwen@grsm.com

Forcible Entry and Detainer Actions: Courts May Not Consider Tenant’s Hardship

December 08, 2016 — Erica Stutman – Snell & Wilmer Real Estate Litigation Blog
If you own property and a tenant wrongfully refuses to vacate the premises (for example when the lease expires or after proper written notice of termination), you may have a quick and easy remedy to have the tenant removed. Arizona’s forcible entry and detainer (FED) statute allows a person to bring a speedy, summary action to obtain an order that the person must leave the property immediately. See A.R.S. § 12-1171 – 1183. To allow for quick resolution, the only question a court may consider in a FED action is who has the right of possession of the property. A.R.S. § 12-1177(A) (“On the trial of an action of forcible entry or forcible detainer, the only issue shall be the right of actual possession and the merits of title shall not be inquired into.”). Counterclaims and cross-claims are not permitted in a FED action, and must be addressed in a separate civil action between the parties. If factual questions bear on the right of possession, they will also need to be resolved in a regular civil action. Read the court decision
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Reprinted courtesy of Erica Stutman, Snell & Wilmer
Ms. Stutman may be contacted at estutman@swlaw.com

Port Authority Approves Subsidies for 2 World Trade Project

December 10, 2015 — David M. Levitt – Bloomberg
The Port Authority of New York and New Jersey approved subsidies to help expedite the construction of lower Manhattan’s 2 World Trade Center, where Rupert Murdoch’s 21st Century Fox Inc. and News Corp. companies have a tentative deal to move their headquarters from midtown. Developer Silverstein Properties Inc., which leases the sites for 2 World Trade Center and two other towers from the Port Authority, would receive a rent break that amounts to $9 million over the life of the lease, Authority Director Patrick Foye said, just before the agency board unanimously approved the proposal. Read the court decision
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Reprinted courtesy of David M. Levitt, Bloomberg

Delay Leads to Problems with Construction Defects

November 27, 2013 — CDJ STAFF
The Bardwells bought a new home in the Philadelphia area in 2000. Now, thirteen years later they’ve learned that their house has been slowly rotting away due to moisture trapped beneath the stucco. And they’re not alone. The O’Days bought a home for about $1 million, and it now needs about $200,000 in repairs. All the stucco has been removed and their home is being rebuilt. Monica Bardwell said that “everything was rotted,” and “there was not a piece of good wood to be salvaged.” Other area homeowners are finding similar problems. Wendy Meyer had her home inspected by Kevin Thompson. Mr. Thompson said, “I shouldn’t be able to take a piece of plywood like that and crush it in my hands completely disintegrated.” Mr. Thompson described it as due to “faulty construction,” which he estimated accounted for such damage “95 percent of the time.” The Pennsylvania Builders Association says that diligent homeowners can head off problems with maintenance. “Make sure water isn’t continually on the outside of the stucco,” said Brent Sailhamer of the PBA. “Make sure there are no large cracks where water can seep behind the stucco.” For those who bought their homes as far back as the Bardwells, it’s already too late to sue anyone. Pennsylvania construction defect law allows 12 years for lawsuits. Read the court decision
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