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Category Archives: Construction Defects

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Homeowners Face Uphill Battle in Stucco Defect Cases

Posted in Construction Defects

The local CBS affiliate in Philadelphia has a story that many lawyers already know: defectively installed stucco is causing homeowners to spend thousands of dollars to repair their homes.   The story underscores another problem homeowners face: they will not likely recover a dime of their repair costs. The story recounts an all too familiar… Continue Reading

Can the City of Philadelphia Be Sued for the Market Street Building Collapse?

Posted in Construction Defects

Many have asked me whether the victims of the Market Street building collapse can sue the City of Philadelphia for damages for failing to conduct proper inspections of the building.  The short answer is no.  Sovereign immunity gives the City immunity from civil suit alleging it failed to properly inspect the Market Street building during… Continue Reading

Surprise: Philly L&I Inspectors Have No Formal Training

Posted in Construction Defects

According to Chris Palmer at the Philadelphia Inquirer, after receiving a complaint by a neighbor, Philly L&I officials visited 2136 Market Street and deemed the structure safe to continue work. Many would be surprised to know that L&I inspectors are not engineers, have no engineering backgrounds, and receive no formal training on the structural integrity… Continue Reading

The Question That Needs To Be Answered About the Philadelphia Building Collapse

Posted in Construction Defects

The technical engineering cause of the collapse of 2136 Market Street should not be too difficult to decipher.  2136 Market was a much taller building constructed with reinforced masonry (literally bricks and sticks).  Moreover, the building adjacent to 2136 Market to the East had already been demolished.  It is certainly not the first time an… Continue Reading

Arbitrating Construction Defect Claims

Posted in Construction Defects, Contracts

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

Construction Defect Litigation: The Defenses

Posted in Construction Defects, Construction Law

Last 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 Construction Defects

An 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