The headline of a recent article on Lexology grabbed my attention: “How to Guarantee the HOA Can’t Litigate the Condo Construction Defect Claims.” The authors’ means to preventing litigation of construction defect claims was even more intriguing: arbitration clauses. How can arbitration clauses guarantee that no ligation over construction defect claims occurs? It can’t. Arbitration is litigation… Continue Reading
Category Archives: defects
Subscribe to defects RSS FeedConstruction Defect Litigation: The Defenses
Posted in defects, UncategorizedLast week, I gave an overview of the claims typically raised in a construction defect case. This week we look at the defenses that a defendant in a construction defect case can raise. Typically, there are three categories of defenses a defendant in a construction defect case may be able to raise: Contractual; Statutory; and… Continue Reading
Construction Defect Litigation: The Claims
Posted in defectsAn unfortunate side-effect from the mid-2000’s construction boom is claims regarding faulty workmanship and defective construction. Because defective construction work is often latent, it may take years before the damage the defect is causing becomes apparent. Therefore, defects for homes built several years ago are just becoming apparently and the cost to remedy these defects… Continue Reading
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