News

ARBITRATOR DISMISSES $5 MILLION CONSTRUCTION DEFECT CLAIM FOR HOMEOWNER ASSOCIATION’S FAILURE TO COMPLY WITH DEVELOPER’S ‘POISON PILL’ ANTI-DEFECT LITIGATION PROVISION IN CC&Rs

There is an increasing trend by Developers, in an effort to avoid responsibility for construction defects, to insert provisions in the original Association governing documents which they draft that make it exceedingly difficult to pursue such claims against them.  The significant harm of these ‘poison pill’ provisions was highlighted in the recent California Appellate Court … Continue reading “ARBITRATOR DISMISSES $5 MILLION CONSTRUCTION DEFECT CLAIM FOR HOMEOWNER ASSOCIATION’S FAILURE TO COMPLY WITH DEVELOPER’S ‘POISON PILL’ ANTI-DEFECT LITIGATION PROVISION IN CC&Rs”

CALIFORNIA SUPREME COURT RULES THAT SB 800 IS THE EXCLUSIVE REMEDY FOR PURSUING CONSTRUCTION DEFECTS

In the case of McMillin Albany, LLC. et al. v. Van Tassel, et al., the California Supreme Court confirmed that SB 800 provides the exclusive remedy for construction defects in residential construction.   The Court found that the legislature intended to abrogate common law claims for construction defects and supplant them with claims that are actionable … Continue reading “CALIFORNIA SUPREME COURT RULES THAT SB 800 IS THE EXCLUSIVE REMEDY FOR PURSUING CONSTRUCTION DEFECTS”

Massachusetts supreme court set to rule on anti-construction defect litigation provisions inserted by developers in condominium documents

On October 5, 2017, the Supreme Judicial Court heard oral argument in the matter of Trustees of the Cambridge Point Condominium Trust v. Cambridge Point, LLC, et al. (SJC-12327).  The Court’s decision will impact Massachusetts condominium association’s ability to pursue litigation against developers for, among other things, faulty construction.   The case concerns the enforceability … Continue reading “Massachusetts supreme court set to rule on anti-construction defect litigation provisions inserted by developers in condominium documents”