Claims Roadmap
Kelly M. Corcoran Orlando, Florida
DEMOLITION OF HOMEOWNERS’ RIGHTS AGAINST FAULTY CONSTRUCTION: a discussion about the requirements under Florida’s Chapter 558 Notice of Construction Defects and proposed legislation.
Typically, the most important, and largest, purchase in a person’s life is their home. Due to negligence in the construction industry, many homes are built with construction defects that require tens or hundreds of thousands [...]
Across State Lines | Differences Between Oregon and Washington Law That Contractors Need to Know
Part 1 Although many contractors do business in both Oregon and Washington, few pay attention to how differences in state laws can affect a contractor’s ability to get paid when a project goes south. [...]
Ball Janik Partners with Elevate Technology Group to Help Oregon Residents Devastated by Wildfires, Attorney At Law Magazine
In a time of uncertainty, internet connectivity and electrical power have become imperative to our way of life, including to our work, education, and connection with loved ones. Yet the wildfires in Oregon along the [...]
Community Managers, Attorneys, and Board Members Beware: Utah Lawsuit Highlights Risks
A lawsuit filed in March of this year in Utah highlights the risks involved in managing and advising community associations struggling with deficient construction and inadequate reserves. In the case of Daybreak Townhome 1 Owners’ [...]
Decoding (Mind-Numbing) Software Agreements: Part 3
In the third part of decoding EULAs, we focus on support terms also known as updates or modifications. As discussed previously, the EULA is the agreement containing the terms the user of a software program [...]
Decoding (Mind-Numbing) Software Agreements: Part 1
Software has become an integral part of the construction world and its use is only growing. There are hundreds of software providers for project management systems, estimating, schedule tracking, BIM, accounting, project portal, dropbox, cloud [...]
Insured wins because “decay” and “rot” don’t have to mean the same thing
Earlier this week, the Washington Court of Appeals affirmed the bedrock principle in insurance-coverage cases that insurers will always lose when a genuine ambiguity controls whether an insurer will have to pay a claim. The [...]
Oregon HB 2661 and Unintended Consequences
The law of unintended consequences theorizes that the actions of people – especially government – often have effects that are surprising or unplanned. The idea of unintended consequences is generally traced back to English philosopher [...]
Middle District of Florida reaffirms broad duty to defend contractors in construction-defect litigation
On December 18, 2018, the United States District Court for the Middle District of Florida held that the “property damage” requirement and the “Damage to Your Work” and “Exterior Finishing System and Stucco” exclusions were [...]