Oregon courts struggle with the scope of consumer protection under the...
It is an all too familiar scenario: A condominium association (“COA”) sues a manufacturer of allegedly defective products used in the construction of the condominium. The COA alleges, among other...
View ArticleThe debate continues: do construction defects present a single or multiple...
Our colleagues at The Policyholder Report note on a recent decision of whether construction defects present a single or multiple “occurrence” for insurance coverage purposes. In Chartis Specialty Ins....
View ArticleAnd Then There Were Two: The Oregon Ct. of Appeals Finds There Are Two...
The Oregon Court of Appeals recently issued a surprising decision regarding the ultimate timeline to file a construction defect claim involving a “spec home.” (A “spec home” is a house which a builder...
View ArticlePast the Statute of Limitations for a Construction-Defect Case? Try Looking...
The following is a report from my blog post on The Policyholder Report on November 20, 2014. The Seventh Circuit just released an opinion in Strauss v. Chubb Indemnity Insurance on November 18, 2014,...
View ArticleOregon Court of Appeals holds cutoff time for negligent construction claims...
We spend a lot of effort on this blog talking about the time deadlines for property owners to sue contractors and design professionals for negligence. There are two reasons for this: first, the law...
View Article“Top 10 Rules of Risk Management” at the Home Builders Association of Metro...
Jacob Zahniser Presents “Top 10 Rules of Risk Management” and Serves on Legal Panel Home Builders Association of Metro Portland | Contractor Business Management Series – Session I 2/27/2015 9:00 AM –...
View ArticleMockeries and Latent Breaches: Reflections on Oregon’s Discovery Rule
Statutes of limitation cut off rights to bring a lawsuit after a designated time period, regardless of the strength of your case or how much you’ve been injured. The length of these time periods can...
View ArticleFederal Court in Florida Refuses to Let Excess Insurer Escape $23M Claim...
Please check out my latest post on the Policyholder Report blog regarding a recent Florida decision – another win for policyholders. Here is an excerpt: Last week, a federal district court in Florida...
View ArticleEleventh Circuit Provides Critical Path to Defense and Indemnity
On April 7, 2015, a federal appellate court issued a critical opinion on insurance coverage for construction-defect cases. In Carithers v. Mid-Continent Casualty Company, the Eleventh Circuit held that...
View ArticleOregon Bill to Revise “Certificate of Merit” Statute for Lawsuits against...
The Oregon Legislature is currently considering Senate Bill 383, which would revise Oregon’s “certificate of merit” statute, ORS 31.300. The Bill has already passed through the Senate Judiciary...
View ArticleEffectiveness of Suit Limitations in Community Associations’ Governing Documents
Construction defects plague many buildings in Florida, leading to lawsuits against developers and contractors. Seasoned developers have tried placing limits on their liability in a variety of ways,...
View ArticleA Long Time Ago, In a State Far, Far Away: How does another state’s statute...
Project owners and contractors often face challenges when defective building materials are used during construction. Bad building products can throw an entire construction project off kilter and, of...
View ArticleOregon HB 2661 and Unintended Consequences
The law of unintended consequences theorizes that the actions of people – especially government – often have effects that are surprising or unplanned. The idea of unintended consequences is generally...
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