Civil Beat has a new article out this morning about the multiple high rise condominiums planned for the Kakaako area, and what that means not only for the construction industry but for lawyers working in construction defect litigation as well.
Last year we completed a chapter in a book called Construction Defects (2012, ABA). My chapter dealt with the rights and liabilities of parties in construction defect litigation, and identified every potential participant in a claim for construction defects, and what potential claims could be made both for and against them. The list is daunting: everyone from owners, subsequent purchasers, associations, developers, design professionals, sub-design prorfessionals, contractors, subcontractors, lenders, construction managers, suppliers, and insurers and sureties have been drawn into defect litigation, and with the Group Builders decision still outstanding, it is an interesting time to be embarking upon large residential construction projects. For owners and contractors, subcontractors, and others, one major caveat would be to craft insurance coverage provisions of such contracts very carefully, and to ensure before the project has started that the coverage purchased will cover expected claims.