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The expert advice and analysis and practical forms you need for both transactional and litigation practice, including insurance and indemnity agreements. Authors include James Acret, Joan Cambray, Ted Senet, Richard Wittbrodt, Timothy R. Sullivan, and Gordon Hunt.
Handling Construction Defect Claims: Western States, Third Edition, puts you on the cutting edge in this expanding practice area. Bringing decades of experience representing a diverse spectrum of residential real estate interests and homeowners' associations, co-authors Thomas E. Miller and Rachel M. Miller detail each aspect of this specialized area, from the statutorily prescribed causes of action to the common law theories of liability, from prelitigation steps to defense considerations, and damages. You'll find up-to-the-minute guidance on California construction defect law, as well as the evolving law in Nevada, Arizona, Colorado, Utah, Oregon, and Washington.You'll also gain valuable insights in these vital areas:The merging of toxic tort litigation and construction defect litigationEmerging insurance considerationsAlternative dispute resolution (ADR) methods and techniquesThe effective use of experts in a construction defect caseAnd more!
Over the past 25 years or so, the property/casualty insurance industry has confronted an onslaught of construction defect claims. Since the construction sector is a critical component of our Gross Domestic Product, it is not surprising that the impact of construction defect claims on the economy is significant. In addition, the ubiquity of these claims negatively impacts the availability and affordability of insurance, particularly for new residential construction. Managing such claims is challenging given the number of parties involved and the variety of construction contract language dealing with, among other things, indemnity obligations and insurance requirements. Risk-transfer language can be complex and has been the subject of much litigation. This handbook provides a practical and user-friendly framework for those professionals who manage construction defects. It will assist the professional's continuing learning, critical to the professional's success, and it will provide a handy reference.
This is THE book you need if you're involved in multi-state construction and design projects. It outlines essential information about design and construction law and contracting in all 50 states plus DC and Puerto Rico. Information follows a standard format, offering quick comparisons of how different jurisdictions treat the same issue. Topics include licensing and regulation; mechanic's liens; financing; consumer protection; ADR; environmental matters; and statutory and case law governing contracting practices.
This report provides a brief to Government on the provisions to be included in a Construction Contracts Bill, (i) in respect of the majority report of the DoE Working Party on Liability, and (ii) on the proposal in 'Constructing the Team' for mandatory latent defects insurance. The working group for this guide was chaired by Roger Squire from the Construction Clients Forum. In essence, Working Group 10's task was to assess the level of support for the recommendations made by Sir Michael Latham on liability and latent defects insurance and to produce a detailed brief to the Government for use in the preparation of legislation on the issues arising out of those recommendations. WG1O also conducted an investigation into the scope of cover offered by the insurance market in relation to latent defects insurance, and considered certain changes in the law relating to the liability of suppliers of goods and materials to the construction industry. As a preliminary issue, WG10 considered the principle of ring-fencing the industry for legislative purposes, and concluded that it was both possible and desirable in this instance. It set out a detailed case for ring-fencing and offered a definition of construction work. Its specific findings and recommendations are set out below. In essence, Working Group 10's task was to assess the level of support for the recommendations made by Sir Michael Latham on liability and latent defects insurance and to produce a detailed brief to the Government for use in the preparation of legislation on the issues arising out of those recommendations. WG1O also conducted an investigation into the scope of cover offered by the insurance market in relation to latent defects insurance, and considered certain changes in the law relating to the liability of suppliers of goods and materials to the construction industry. As a preliminary issue, WG10 considered the principle of ring-fencing the industry for legislative purposes, and concluded that it was both possible and desirable in this instance. It set out a detailed case for ring-fencing and offered a definition of construction work.

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