Tag: Construction Defects
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Construction Law
New Home Warranty Act – Plumbing vs. Structural Defects
- March 9, 2016
- By Allen & Gooch
In a recent Fifth Circuit case, Plaintiff’s filed suit under the New Home Warranty Act (NHWA) against the builder of their home. Campo v Sternberger, Fifth Circuit, 15-CA-52 c/w 15-CA-53 (11/19/15). The Trial Court found that the builder breached his warranty that the house would remain free of major structural defects as required under the New Home Warranty […]
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Construction Law
CGL contractual liability exclusion applied to “warranty to repair” clause contained in residential construction contract
- October 6, 2014
- By Allen & Gooch
In Crownover v. Mid-Continent Cas. Co., 757 F.3d 200 (5th Cir. 2014), the U.S. Fifth Circuit affirmed the Northern District of Texas’ grant of summary judgment in favor of Mid-Continent finding that an arbitration award fell within the Mid-Continent Casualty Company policy contractual liability exclusion. Warranty to Repair clause in residential construction contract In 2001, […]
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Construction Law
Contractors Beware: Negligent Professional Services Create Liability
- August 30, 2013
- By Emile Joseph
UPDATE: THE LOUISIANA SUPREME COURT HAS REVERSED THE APPELLATE COURTS ON THIS ISSUE. CLICK HERE TO READ MORE. No Matter What Type of Entity You Choose, You Can Still be Personally Liable for Negligent Professional Services Limited Liability Companies (LLC’s) generally offer their members insulation from personal liability. This means that a court cannot order […]