News

DO THE TERMS OF THE CONTRACT MEAN ANYTHING?

Posted on by

On January 14, 2013, the California Supreme Court ruled on the matter of Riverisland Cold Storage, Inc. et al v. Fresno-Madera Production Credit Association.  The California Supreme Court decided that statements made outside of a signed and fully integrated written agreement can be considered by the Court to determine the…
Read More

FIRM NEWS

Posted on by

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…
Read More

CONSTRUCTION CONTRACTS FREQUENTLY CONTAIN A WAIVER OF CONSEQUENTIAL DAMAGES, BUT IS THE WAIVER ENFORCEABLE?

Posted on by

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…
Read More

IS THE RIGHT TO REPAIR ACT DEAD?

Posted on by

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…
Read More

ANOTHER REASON NOT TO DELAY THE FILING OF A CONSTRUCTION DEFECT CLAIM – RECOVERING THE PROFITS

Posted on by

We have seen an influx of condominium construction defect claims in the Pasadena and Downtown Los Angeles area.  Many of the condominium projects in these areas were built by inexperienced, underfunded, and underinsured builders. These builders tend to distribute profits to their members and dissolve immediately after the condominium projects…
Read More

FIRM NEWS

Posted on by

Michael Hearn has just resolved a large construction defect claim for a 16 unit luxury condominium association in Vail, Colorado.  The precise dollar figure of the settlement is confidential, however, it was resolved in excess of seven figures.  The association is very happy with the result as they have recovered…
Read More