“You love your home and then it turns on you,” The New York Times reports one homeowner said when he discovered the foundation of his home was cracking, crumbling and moving. Repairing unstable foundations costs homeowners around $4 billion a year and that cost often is not covered by insurance. Frequently, the shifting is the… Continue Reading
On April 21, new lead paint rules applicable to housing and certain child care schools and facilities built prior to 1978 go into effect. Lead exposure can cause brain damage; exposure prior to age six is especially dangerous. Contractors and owners can find the EPA’s regulations on lead paint in Title 40, Part 745 of… Continue Reading
The Virginia Real Estate and Land Use & Construction Law Blog reports that the recent blizzard in Washington caused a wave of roof collapses. Undoubtedly questions will be raised about the design and construction of some of these structures by owners and their property insurers. . Seeing photos of the damage reminds me again why I love… Continue Reading
State and local governments across the country may have to replace their water systems because of defective PVC pipes, according to a whistle-blower lawsuit filed in California against JM Eagle, one of the worlds largest pipe manufacturers, reports the New York Times. The whistle blower claims that the manufacturer fabricated test results. We will be monitoring… Continue Reading
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.