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FIRM NEWS

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Michael Hearn and Robert von Esch are preparing to start trial in Mono County concerning allegations of window product failures for a ski and golf resort condominium development in Mammoth.  The vast majority of the defect issues were resolved with the developer, but the association has elected to go to…
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CONSTRUCTION CONTRACTS FREQUENTLY CONTAIN A WAIVER OF CONSEQUENTIAL DAMAGES, BUT IS THE WAIVER ENFORCEABLE?

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The AIA prepares standard form agreements that are frequently used by those in the construction industry.  These agreements typically contain a consequential damages waiver.  The most common forms of consequential damages are lost profits and loss of use.  The recovery of these damages are important to those that own and…
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IS THE RIGHT TO REPAIR ACT DEAD?

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A recent case is significantly changing the Right to Repair Act (Civil Code Section 895 et seq) so cherished by developers and routinely relied upon by them to defend construction defect claims:  Liberty Mutual v. Brookfield Crystal Cove Cal. App. LEXIS 687 (2013).  Pertinent Case Facts & Appellate Holding Liberty…
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