A Video Explaining the Remedies Available for Defects
Construction defect suits are now flooding the courts of North America in greater numbers every year. Construction Defects & Insurance is designed to help the property owner, builder, construction professional, insurer, insurance professional, construction defect plaintiffs’ lawyer, construction defect defense lawyer, and those who support them. Anyone faced with construction defect issues can use the series of books to effectively avoid or resolve claims of such defects. It covers identification of construction defects, and explains how to insure, investigate, prosecute, or defend litigation that results from claims of construction defect. Construction Defects and Insurance addresses a wide audience about this escalating, expensive and excessive problem that makes it hazardous to build any structure without sufficient and broad insurance protection. The attorney representing a defendant or plaintiff in a construction defect suit will find this series of books a useful resource to help counsel understand the claims of multiple parties, insurers, and experts involved. Construction defect suits are now flooding the courts of North America in greater numbers every year. Construction Defects & Insurance is designed to help the property owner, builder, construction professional, insurer, insurance professional, construction defect plaintiffs’ lawyer, construction defect defense lawyer, and those who support them. Anyone faced with construction defect issues can use the series of books to effectively avoid or resolve claims of such defects. It covers identification of construction defects, and explains how to insure, investigate, prosecute, or defend litigation that results from claims of construction defect. Construction Defects and Insurance addresses a wide audience about this escalating, expensive and excessive problem that makes it hazardous to build any structure without sufficient and broad insurance protection. The attorney representing a defendant or plaintiff in a construction defect suit will find this series of books a useful resource to help counsel understand the claims of multiple parties, insurers, and experts involved. Negligence has the same definitions regardless of the state where it is alleged. It has been defined as: “a legal duty owed to the Plaintiff by the Defendant; a breach of that duty; an actual injury to the Plaintiff; and a showing that the breach was a proximate cause of the injury." “A breach of duty exists when it is foreseeable that one’s conduct may likely injure the person to whom the duty is owed.” The California Supreme Court upheld a judgment for property damage caused by negligent residential construction in Sabella v. Wisler, 59 Cal.2d 21, 27-30 (1963). The defendant had built a house and offered it for sale to the general public. As it turned out, the defendant’s negligent preparation of the lot, in combination with a subcontractor’s careless plumbing work, later caused leaks, subsidence, and damage to the house. The purchasers sued for negligence. © 2021 – Barry Zalma