More local action on construction defects - Lexology (registration)

[Brian Hannigan]

InspectionNews has found this article about defect litigation or expert witness work that may be of interest to you.






More local action on construction defects (http://news.google.com/news/url?sa=t&fd=R&ct2=us&usg=AFQjCNF8tA3aNxweiZ-VUYT6YgG1tmB6rg&clid=c3a7d30bb8a4878e06b80cf16b898331&ei=GOTEVdDtNMr5mAKPgoXYBw&url=http://www.lexology.com/library/detail.aspx?g%3D391f1e81-adb4-4c19-899f-95aa2568180f)
Lexology (registration)
These moves are a reaction to a lack of new construction of owner-occupied multi-family properties, which the development community and many local governments attribute to the high costs of defending and insuring against construction defect litigation.

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[url=http://news.google.com/news/url?sa=t&fd=R&ct2=us&usg=AFQjCNF8tA3aNxweiZ-VUYT6YgG1tmB6rg&clid=c3a7d30bb8a4878e06b80cf16b898331&ei=GOTEVdDtNMr5mAKPgoXYBw&url=http://www.lexology.com/library/detail.aspx?g%3D391f1e81-adb4-4c19-899f-95aa2568180f] More... (http://news.google.com/news/more?ncl=dwjNcLPPrgc3suM&authuser=0&ned=us)

[Garry Sorrells]

2 links with a little more background.
Looks like a backlash to the backlash on bad building and correcting problems.

http://www.coloradoconstructionlitigation.com/2015/08/commerce-city-enacts-reform-to-increase.html

http://www.denverpost.com/news/ci_26586004/lakewood-first-take-colorados-construction-defects-law

[Jerry Peck]

2 links with a little more background.
Looks like a backlash to the backlash on bad building and correcting problems.

http://www.coloradoconstructionlitigation.com/2015/08/commerce-city-enacts-reform-to-increase.html

http://www.denverpost.com/news/ci_26586004/lakewood-first-take-colorados-construction-defects-law

Let's see ... if they used their noggins they would realize that:

a) The best way to reduce construction defect litigation is to take more care and pride in their work and not make all those construction defects in the first place.

b) Acknowledging that nothing is ever perfect, not even new cars made in a climate controlled factory, and that houses are built out in the wind, the rain, and whatever ... the second best way to reduce construction defect litigation is to correct those defects when first pointed out by the owners or their representatives.

If a) and b) were done ... all of us, and all of the attorneys (half are on one side, half on on the other side - neither would be needed) would all be out of work.

Now (that law) simply means that the contractor who refused to (or simply did not know how) do it correctly the first time is now given the opportunity to correct it ONE MORE TIME ... AND THEN THEY CAN BE SUED.

Did those legislators/commissioners/ council members not think that through? All it did was put the lawsuit off until the following month. BIG DEAL.

[Garry Sorrells]

My thought was that they were persuaded/lobbied with the potential tax revenue that was not being created. Back to the Golden Rule principle ..

If there was a real market for condensed housing they would be building at any cost. The added insurance and liability would just be passed along to the buyer. The buyers would be marketed for the added cost by their ability to deal with construction defects and obtain redress that they did not have previously. You can sell on price or you can sell on value/benefit.

Remember the old days when Sears had "Satisfaction Guaranteed Or Your Money Back" over every entry doors to the store???? The customer knew they had redress to almost every issue.