This Month’s Construction Defect Litigation/Claims Headlines

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There is No Non-Delegable Duty on the Part of Residential Builders in Colorado –

Recently, in the Arapahoe District Court, the Honorable Michael Spear issued an order holding that builders do not owe a non-delegable duty to homeowners.  In Marx and Corken v. Alpert Custom Homes, Inc., et al., Judge Spear’s order came in response to plaintiffs’ motion for determination of question of law seeking a finding that the defendants owed a non-delegable duty to the plaintiffs and thus, to strike defendants’ designation of nonparties at fault.  After being fully briefed, Judge Spear found that such a non-delegable duty does not exist.

Previous Owners of Rihanna’s Beverly Hills Home Still Liable in Lawsuit

Rihanna won a round in court Friday when a judge denied a motion to dismiss part of her lawsuit over a Beverly Hills home she bought in 2009 for $6.9 million.

The lawsuit, claiming defective construction, was filed last Aug. 31 in Los Angeles Superior Court against Prudential California Realty and several other defendants, including the home’s previous owners, Adriana and Heather Rudomin, and the company that helped the Rudomins renovate the home in 2007-08, Landmark Design Group LLC.

Arizona Homeowners Must Give Notice of Construction Defect Claims

All market indicators show that the new home construction industry is recovering. Although most new homes are built properly, some buyers of new homes will have claims for construction defects such as leaky roofs.

Window Sashes and Construction Defect Claims

Window sash damage is a common building problem addressed by claims personnel. Insurance coverage of window-related losses is often dependent on the nature of the damage and whether it occurred as a result of one incident or over time. Pane breakage, rotted frames, foggy double panes, and jammed frames are among the many problems that perpetuate insurance-related claims. The following are three classic examples of window sash losses that serve to illustrate the issues faced by the claims analyst.

Study Reveals Potential Defect In Construction Of Woodrow Wilson Bridge –

A new study shows that the grout used to protect steel supports cables in the Woodrow Wilson Bridge and many others could be the cause of premature rusting.

In a report by The Baltimore Sun, the grout used on the WW Bridge may be contaminated with too much chloride, which can result in an accelerated rusting process, ultimately deteriorating the bridge before its time.

JDi Data’s unique concept Vendor Cost Control™ software is used to manage and track all claim and defense litigation’s financial data. This collaborative and powerful tool gives law firms a convenient option to administer funding agreements between developers, carriers, and subcontractors/AI insurers, and gives insurance companies due diligence for reporting requirements and constant contact with the legal community in litigation.