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Construction Law Authority / Posts tagged "Settlement"

Don’t Underestimate the Importance of Repair Estimates When Evaluating Your Construction Defect Claim

Investigating and placing potentially responsible parties on notice about the existence of construction or design defects against Developers, Contractors or Design Professionals in accordance with Chapter 558, Florida Statutes, is an important part of the claims process. As their defect claims progress, Individual Property Owners and Condominium Associations may need professional assistance from their attorneys and design consultants in calculating the potential costs to correct construction or design defects. There are many other reasons why Owners or Associations would want to obtain repair proposals or estimates. For example, while repair estimates may help Owners and Associations budget for repairs, they may also help Owners and Associations to prioritize their claims for settlement purposes. Repair estimates enable Owners and Associations to identify any defects they may wish to withdraw from their Ch. 558 pre-litigation construction defects claims, or from litigation, during the course of settlement negotiations. When negotiating a...

Potential Settlement of a Chinese Drywall Case

Per today's Tampa Tribune Online: "A Miami-based supplier of tainted Chinese drywall agreed in a court filing today to a $55 million settlement of claims that the corrosive product damaged homes, all or nearly all of them in Florida. The proposed settlement, which requires approval from U.S. District Judge Eldon Fallon in New Orleans, would resolve claims by thousands of plaintiffs against Banner Supply Co., several related companies and Banner's insurers."   The full article can be found here.   As noted in the article, the deal still has to be approved by the court and until that happens all of this is tentative.  However, this may be a good step in these cases being resolved and homeowners being able to recoup some of their damages.  Obviously this is not the end of this legal chase as the parties making payment will be seeking to recover from the suppliers of the chinese drywall.  Although settlement of this one case...