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Archive for the ‘Warranties’ Category

December 1st, 2010 - 10:31 am § in Green Building, Managing Risks, Warranties

Modular Housing Explosion! Any Legal Concerns?

I am absolutely astonished at the current state of modular housing. At this point, I think I must be dumb not to own one. A recent explosive upstart in green modular home builders has me excited. Jetson Green posted a great article this morning showcasing some of the industry leaders. Its amazing wh[...]

August 30th, 2010 - 7:33 am § in Case Law, Legislation & Law, Warranties

More on Warranty Limitations in Washington

Back on August 9, I published a short article summarizing the ruling in a recent Washington Court of Appeals case (held before Division II). The case opinion in Mattingly v. Palmer Ridge Homes LLC concerns the disclaimer of home warranties and the effect of third-party warranty limitations.[...]

August 9th, 2010 - 9:57 am § in Case Law, Construction Defect, Construction Liability, Contracts, Litigating Your Contract, Managing Risks, Warranties

WA Court Decides on Conscionability & Waiver of Warranties in Construction Case

Washington’s Court of Appeals, Division II, handed down a rather interesting opinion in a construction case involving a contractor and homeowners. The ruling in Steven & Deborah Mattingly v. Palmer Ridge Homes Et Al is rife with review of procedural unconscionability, claim limitations and[...]

May 26th, 2010 - 7:37 am § in Case Law, Contract Drafting, Contracts, Managing Risks, Standard Provisions, Warranties

Washington Court of Appeals Takes on Contractual Claim Limitation Clause

Yesterday we stated that the Division 1 Court of Appeals in Washington state handed down two opinions of note for this blog. The first, Hosea, was discussed yesterday. The other, Pedowitz v. Above All Roofing Specialist, is not a published opinion. So, we caution you on relying upon the finding in P[...]

April 29th, 2010 - 11:12 am § in Construction Liability, Construction News, Warranties

Major Seattle Construction Dispute: An Update on the McGuire Apartments Battle

A few weeks back, I published a blog post about a recent dispute between a St. Louis builder and a local developer stemming from the construction of the McGuire Apartments in Seattle’s Belltown neighborhood. Developers had begun taking action to remove tenants so that the 9 year old building c[...]

April 14th, 2010 - 5:26 pm § in Case Law, Construction Liability, Construction News, Legislation & Law, Personal Injury, Warranties

Washington Developer’s Suit Against Contractor Raises Damage Questions of Repair v. Replace

This week it was reported that a large scale dispute between a Seattle commercial developer and a Missouri builder had erupted and was headed to mediation. The dispute might end up in trial, raising new questions about the estimations of damages and how to measure the reasonableness of remediation v[...]