Fifth Circuit Decision on CGL Coverage for Defective Construction Causing a Fire
The United States Court of Appeals for the Fifth Circuit recently issued an opinion in Gonzalez v. Mid-Continent Cas. Co.[1] which addresses three issues significant to insurance coverage for defective…
Federal Court Orders Sanctions in Class Action for Defendants’ Communications with Potential Class Members
In the recent decision in Mullen v. GLV, Inc.,[1] a federal court in Illinois certified a class action against a youth volleyball training business and its owners. The certified class…
North Carolina Court of Appeals Issues Decision that a Townhome Owners Association Could Not Pursue Construction Defect Claims
A recent decision from the North Carolina Court of Appeals, Shearon Farms Townhome Owners Association II, Inc. v. Shearon Farms Development, LLC, addresses who has the authority to bring construction…
Coronavirus Slams Homebuilding Industry
The National Association of Home Builders reports that due to the coronavirus, homebuilder confidence suffered its largest ever one month decline in April. Homebuilder confidence, as measured by the NAHB/Wells…
Who are the nation’s largest homebuilders? How many homes do they build and how much money do they make?
Builder Online released its annual report of the largest homebuilders in the United States for 2019. While the coronavirus pandemic will likely dampen homebuilder earnings for 2020, homebuilders posted large…
Retaining Wall Failures and Construction Defect Claims
What is a retaining wall? A retaining wall is any vertical wall structure built to hold soil behind it and prevent that soil from moving. A retaining wall allows the…
Irony of Ironies: Corporations Seeking to Avoid their Own Arbitration Agreements when Faced with Mass Arbitration Filings
In what must be the irony of all ironies in the class action and arbitration world, the New York Times reports companies requiring their customers to pursue claims in arbitration…
Homebuilding Set to Rebound when the Coronavirus Pandemic Passes, but the Rebound Should Not Come at the Expense of Quality Construction
In the midst of the coronavirus pandemic, the National Association of Home Builders is touting the economic impacts of homebuilding and how home construction will lead the country out of…
An Arbitration Fantasy in the World of Fantasy Sports: Plaintiffs Compelled to Arbitrate with Defendants They Did Not Enter into Arbitration Agreements With
An addendum to the old adage that “bad facts make bad law” may be in order, with the addendum to be: “the sheer size and manageability difficulties of complex class…
What is South Carolina’s notice law for construction claims?
South Carolina has a law for construction defect claims called the notice and opportunity to cure or notice and opportunity to repair law and officially titled the “South Carolina Notice…
An End to Forced Arbitration for those Suffering from Construction Defects?
In the fall of 2019, the United States House of Representatives took a key first step in relieving consumers—consumers for everything from major purchases like a home or condominium to…
What Can I do if I have Construction Problems in My Condo or Home but My Builder Went Bankrupt or Is out of Business?
Many people think that if the builder of their condo or home went bankrupt or went out of business, there is nothing they can do to hold the builder responsible…
Arbitration Is One Thing That Isn’t Bigger In Texas
In a decision issued at the end of November in Robinson v. Home Owners Management Enterprises, Inc.,[1] the Texas Supreme Court addressed whether the availability of class arbitration under the…
Seventh Circuit Court of Appeals Holds Breach of Contract Exclusion in E&O Policy Unenforceable
In a recent opinion in Crum & Forster Specialty Insurance Co. v. DVO, Inc.,[1] the United States Court of Appeals for the Seventh Circuit considered whether a breach of contract…
It’s Just Dirt, Right?: Significant Construction Problems Related to Soils
The common assumption seems to be that homes and condos are built on soil, all soil is the same, and there is no need to give a second thought to…
What laws govern homeowners associations in South Carolina? What is the South Carolina Homeowners Association Act?
In addition to South Carolina law on horizontal property regimes and the covenants that properties can be subjected to, South Carolina law regulates homeowners associations through the South Carolina Homeowners…
The Fifth Circuit Joins the Majority of Circuits in Holding the Availability of Class Arbitration is an Issue to be Decided by the Court, Not an Arbitrator
The door to class arbitration, and class actions generally, continues to be pushed closed. In its 20/20 Communications, Inc. v. Crawford decision issued at the end of July of 2019,…
Notice Clauses in Insurance Policies, the South Carolina Supreme Court’s Neumayer Decision, and Construction Defect Cases
In its Neumayer opinion issued at the end of July, the South Carolina Supreme Court resolved an issue specific to an automobile liability insurance policy but in doing so, alluded…