Construction Defects Case Law

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 are being hit with “mass arbitration” in which thousands of customers file individual arbitration demands at the same time.  Faced with thousands of arbitration demands…
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Elliotte Quinn
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 actions make bad law.”  In the fantasy sports multidistrict litigation pending in the United States District Court for the District of Massachusetts, the Court grossly…
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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 Federal Arbitration Act is an issue for the arbitrator or the court to decide and whether an arbitration agreement permitted class arbitration.  The Court held…
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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 exclusion in an errors and omissions insurance (“E&O”) policy eliminated coverage for a breach of contract claim related to an improper design.  The Seventh Circuit…
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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, the Fifth Circuit joined six of the other federal circuit courts holding that the availability of class arbitration under an arbitration agreement is a gateway…
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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 to implications for the commercial general liability insurance policies that typically are the applicable insurance coverage in construction defect cases.[1]  The issue in the Neumayer…
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If your home has damage from a construction defect, our Charleston construction defect lawyers are ready to pursue aggressive action against the liable party. Contact the Steinberg Law Firm or call us at 843-720-2800 to talk with a member of our professional legal staff and find out more about what we can do for you.

CONSTRUCTION DEFECT NEWS

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 Fargo Housing Market Index, fell…

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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 profits for 2019 and the…

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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 soil grade to be at…

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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 the economic downturn caused by…

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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 and Opportunity to Cure Construction…

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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 the most trivial purchases like…

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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 for construction defects.  The good…

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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 the soil.  To the contrary,…

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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 Association Act. Effective as of…

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It’s Raining, It’s Pouring, Are Your Windows Leaking?

It’s summertime in South Carolina, and we’ve been getting heavy rainstorms. If you are noticing water leaking into your home around your windows, you may have a serious construction defect that requires legal help. A…

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Does Homeowner’s Insurance Cover Defective Construction?

For many homeowners experiencing problems from improper construction work, their first thought is to make a claim with their homeowner’s insurance.  Not only will their homeowner’s insurance usually not cover the damage, making a claim…

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Cracks in Concrete or Bricks – Soil Settlement Cracks Versus Shrinkage Cracks

Cracks in concrete or masonry are common signs of damage to a home from soil settlement. However, not all cracks in concrete or masonry are the result of soil settlement. Another common cause of cracks…

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Common Defects in New Homes

Common construction defects in new homes include: Water leaking through windows, walls or roof; Foundation cracks; Cracks in bricks, concrete and drywall; Diagonal cracks above windows and doors, and doors and windows that stick or…

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Six Steps When Considering Contractors and Before Entering Into a Construction Contract

Construction lawyers at our firm get involved once damages start showing up from improper construction. That means we know a lot about why construction goes wrong, and unfortunately, we often see problems that homeowners or…

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Problems With Your New Home? You May Have A Construction Defect Case

If your home was built within the past five to ten years and the home is having problems, you may have construction defect claims against the home or condominium builder. New homes, townhomes and condominiums…

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What is a Weather Barrier or Building Paper?

Most walls built on homes, townhomes or condos today are rainscreen walls. That means they have an exterior surface that prevents most water from coming into the wall system, but they permit some water to…

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What is a Horizontal Property Regime?

Horizontal property is a condominium or any other property where the owners separately own portions of the property and then together own other portions of the property. A horizontal property regime is any property set…

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Black Mold, Health Problems and Damaged Property

A quick internet search will uncover tons of information on the health dangers of black mold.” While mold is definitely a problem and should be addressed quickly and thoroughly by trained professionals, it is important…

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What Is A Rainscreen Wall?

Today two main ways exist for a wall to be built to address rainwater: a barrier wall or a rainscreen wall. Most walls built on homes, townhomes, or condos today are rainscreen walls. A rainscreen…

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Common Construction Defects

Every state and municipality has certain building codes that must be followed when building any type of structure. South Carolina is no exception. Under South Carolina construction laws and codes, every home, building and construction…

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Four Construction Problems Related to Foundations and Soils

Many factors need to be considered when installing a foundation for a building or house. Obviously, the location of the building is very important. But one of the first things to consider is the soil…

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Attorney Elliotte Quinn Joins Dorchester Paws Board of Directors

SUMMERVILLE, S.C. – The Steinberg Law Firm announces the newest addition to their legal team, construction law attorney Elliotte Quinn, joined the board of directors for Dorchester Paws. Already an active member in the community,…

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What To Know About Slab-On-Grade Foundations

A slab-on-grade is a type of shallow foundation in which a concrete slab rests directly on the ground below it. A slab-on-grade foundation usually consists of a thin layer of concrete across the entire area…

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Residential Property Disclosure Requirements

What defects or conditions does the seller of my home have to disclose to me and what is the South Carolina Residential Property Condition Disclosure Act? The South Carolina Residential Property Condition Disclosure Act, the…

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Steinberg Law Firm Now Handles Construction Defect Cases

Steinberg Law Firm announces its expansion into the area of construction law, representing homeowners and property owners’ associations seeking compensation for defective construction. Construction defects are any part of a building that does not meet…

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Steinberg Law Firm Welcomes New Associate Practicing Construction Law

Steinberg Law Firm is pleased to announce the addition of the firm’s newest associate in its Summerville office, Elliotte Quinn, and the expansion of the firm into the area of construction law. Quinn is an…

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