Construction Owners & Builders Law Blog

Professor Herbert Kritzer's article on "The Commodification of Insurance Defense Practice" in construction defect and other cases is a must read for attorneys representing both claimants and insured.

The breaches in the New Orleans levees during Katrina were caused by negligent design, construction and maintenance and parts of the system will still be flawed after current repairs are completed according to a just completed study reports the New York Times.

The Times-Picayune presents an amazing animated graphic showing the time line for the levee failures and flooding in New Orleans during Katrina.

Tests by the Sierra Club indicate many FEMA trailers in Mississippi and Louisiana have elevated levels of formaldehyde that are causing victims of Hurricane Katrina to become ill, reports the SunHerald.

Point of Law Forum points to an article indicating other states are unlikely to follow Rhode Island's lead.

The ContractsProf Blog summarizes an appellate decision holding the trial court erred in allowing the jury to decide the intent of an unambiguous one year warranty of materials and workmanship.

That's what the Chair of the Ad Hoc Committee on Terrorism-Resistant Buildings (TRB) of the International Code Council suggested at a recent Washington meeting reports ENR.com

The trial judge in the Rhode Island lead paint case cited the Rhode Island Attorney General for civil contempt and ordered him to pay a $5,000 fine reports the WSJ.com's Law Blog.

Professor David Bernstien claims in a Point of Law Forum Post the federal rule governing expert evidence is stricter than Daubert and its progeny are; Blog 702 says Bernstein doesn't get it.

McGraw-Hill Construction provides an answer in its Ask the Experts feature.

A panel of engineers has concluded "[t]he corps did not follow its own procedures in monitoring the rate of subsiding and rising of water levels around the city...and based the design of the levee system on outdated information...." reports the New York Times(free subscription).

Today's New York Times (free subscription required)profiles Henry Petroski, a Duke Professor whose research focuses on the lessons to be learned from design and construction failures.

McGraw Hill Construction reports on the Katrina levee failure analysis and rebuilding effort being led by the Corps of Engineers.

That's what KAMC28 news reports.

Blog 702 reports on a recent federal appellate case affirming exclusion of a physician's opinion that toxic mold caused plaintiifs' respiratory illness.

The Washington Supreme Court joins the Mississippi Supreme Court in holding that damages for the diminished value of property as well as cost of repair damages may be recovered for construction defects.

The Clements "knew something was wrong the November day in 2003 they moved into the Airmont home, which they first saw in August and purchased for $430,000. The windows in the front of the house were so fogged up the Clements couldn't see out of them..."

Marc Mayerson at the Insurance Scrawl discusses the "renewal rule."

Dan Hawbacker compiles the stories at the Construction Law Blog. Link. Link. Link.

The public, lawyers and jurors see jurors as passive vessels for each sides stories and evidence. The recent jury verdict against lead paint manufacturers explodes that myth.

Here's the story from the Wisconsin State Journal.

Is the building or your lousy job the cause of your headache, cough, dry eyes, fatigue, rashes, sore throat, and wheeze?

Peter Nordberg over at Blog 702 posts on whether the Daubert standards for scientific expert testimony should be applied to engineering testimony on defective product design.

"The official White House view has been that the federal government knows better than the states," reports the New York Times(free subscription required).

"Nearly 600 people who died because of Hurricane Katrina might have survived had floodwalls on two New Orleans canals not collapsed, a Knight Ridder analysis of where bodies were found after the storm indicates," reports the Nation.

The ConstructionAttorneyBlog points to a recent Illinois appellate court decision permitting a homeowner to recover $1.2 million for construction defects from the spouse of the corporate-builder's owner. The Homeowner contracted with the corporate-builder not the spouse and the spouse owned no shares in the corporate-builder.

I initially reported on this scandal here; the Construction Law Blog tells us about recent developments.

The ContractsProf Blog gives us the historical skinny on the case that established when diminution of damages rather than cost of repair governs recovery of damages for defective construction.

Check out these articles at Trial Behavior Consulting on juror attitudes and trial tactics in cases involving toxic mold , construction defects, insurance coverage, insurance bad faith and insurance company witnesses.

The Construction Law Blog points to an article suggesting the sheet piling for the levees complied with the plans.

Not if the defective product is EIFS cladding sold in South Carolina.

The design of the levees that failed in New Orleans due to Hurricane Katrina flooding "was a disaster waiting to happen" according to a draft report by Team Louisiana reports several prominent news publications. Link Link Link Link
>> Continue Reading Posted In Construction Defects & Defective Construction , Construction Law , Hurricane Katrina
Comments / Questions (0) | Permalink

SCOTUSblog summarizes the United States Supreme Court's decision yesterday in Lincoln Property v. Roche, a case brought by a couple alleging claims for exposure to toxic mold contamination of their apartment.

To boost his commissions a Japanese architect cheated on compliance with earthquake codes reports the New York Times. So far seven hotels have been forced to close.

Washington Construction Law points to McMilkle v Lang, a Washington appeals case holding the economic loss doctrine does not bar an owner from suing a subdivision developer and engineer for economic losses caused by defective construction.

For a realtor's rant against attorneys and homeowners pursuing construction defect claims, see Linda Slocum's post over at the Santa Clarita Real Estate Blog.

"Always take a mold complaint seriously" recommends a "how to" post over at the Virginia Condominium & Homeowners' Association Law Blog.

Here are reports from California, Illinois, Texas, Pennsylvania, South Carolina, Connecticut, Florida and Arkansas. Mold woes from summer humidity continue to torture school districts.

The Construction Risk.com Report points to a Wisconsin appellate court decision holding a contract clause permitting an architect to rely on reports from other firms does not relieve the architect of its duty to inform the owner of inadequacies in the report and the need for additional investigation.

For many schools, the price of a hot summer has been bills for mold inspection and remediation. Here are reports on mold and other problems from Lousiana, Michigan, Pennsylvania, Virginia, Hawaii, North Carolina, Illionois, South Carolina, California, Washington and Florida.

Here's a list of dos and do nots from GutterHQ on how to avoid water intrusion and mold in constructing homes and small commercial buildings.

James River Insurance Company which opened its doors only two years ago received a vote of confidence from Wall Street as its share price climbed 11% on its first day as a public company reports The News & Observer.

Blog 702 points us to Searles v. Fleetwood Homes,Inc., a Maine Supreme Court decision affirming a physician's testimony that mold caused the plaintiffs' respiratory problems. The court also affirmed the trial court's refusal to give the jury a comparative negligence instruction.

Here's an update on mold, sick building and construction defect cases and news from around the country.

Construction defect experts' affidavits were held sufficient to create a fact issue over whether construction defects in numerous homes were the result of "willful misconduct" by the contractor by a California Court of Appeals in Acosta v. Glenfed Development Corp.

15,000 construction defects were found by navy inspectors in the San Antonio, the first in a new class of helicopter and troop transport ships scheduled for delivery this year, being built in Mississippi.

Consultant William Langston summarizes the treatment of construction defects by the English common law and present day statutory remedies.

Mike Inman over at the Virginia Condominium & Homeowners Blog tells you how.

Our latest alert features reports of general interest and from New York, Florida, California, Pennsylvania, Washington, Tennessee and Maryland.

To limit construction defect suits, some developers are including clauses waiving any claims if notice is not given within 30 days and clauses requiring arbitration according to the Colorado Home Owners Association Law Blog.

You cannot hang responsibility for a construction defect on an architect absent evidence the architect 's plans led to the defective construction under a D.C. Circuit decision rendered last week.

A Louisiana appellate court last week affirmed an award exceeding $63 million to landowners for flood damage caused by a negligently designed and built bridge.

"The Symposium will cover the scientific causes of leaky buildings, practical ways of fixing them, legal issues surrounding the situation and converge on the vision of industry leaders in ensuring quality homes," reports the Scoop.

A Texas appellate court held an unintentional construction defect is an accident and, therefore, an occurrence under a contractor's commercial general liability policy. Courts across the nation are badly split over this issue.

Mold continues to trigger controversy, lawsuits and headlines--and government action--according to news reports from Florida, Atlanta, Michigan, Pennsylvania and Nevada.

An advocacy organization for persons with disabilities is suing the city of Ypsilanti, Michigan for not constructing curb ramps and intersections according to standards outlined in the Americans with Disabilities Act. The curbs and intersections were part of $34 million street rebuilding project completed last year.

This report suggesting a causal link between ghosts--psychology--and sick buildings may comfort those dealing with a sick building claim. Do you think a jury would buy "it's all in their head" as a defense?