|
|
|
To help practitioners keep pace with the explosion of
litigation resulting from the construction boom, this
widely acclaimed reference has been thoroughly updated
and expanded to offer up-to-the-minute guidance on California
construction defect law, as well as the evolving law in
Nevada, Arizona, Colorado, Utah, Oregon, and Washington.
Handling Construction Defect
Claims: Western States, Third Edition, puts you
on the cutting edge in an expanding practice area. Bringing
decades of experience representing a diverse spectrum
of residential real estate interests and homeowners' associations,
coauthors Thomas E. Miller and Rachel M. Miller detail
each aspect of this specialized area, from the statutorily
prescribed causes of action to the common law theories
of liability, from prelitigation steps to defense considerations,
damages, and more. For each of these issues, Handling
Construction Defect Claims covers the precedents in the
seven states and provides guidance on how practitioners
can use California precedent when confronted with a case
of first impression in other western states.
Hands-on guidance, from prelitigation
to the resolution of the case.
Handling Construction Defect Claims uses clear, jargon-free
language--supported by tables, checklists, forms, and
illustrations--to bring you quickly up to speed in these
vital areas:
- The state of the law
defining the scope of construction defects--Discussion
includes analysis of concepts derived from laws of
contracts, torts, products liability, real property,
corporations and insurance--so you gain familiarity
with the many complex legal issues that make up construction
defect law.
- Common law causes of
action--A state-by-state overview details the
current rules on strict liability, breach of implied
warranty, breach of express warranty, and nuisance
as these concepts apply to real property.
- The merging of toxic
tort litigation and construction defect litigation--Unparalleled
coverage of toxics, hazardous wastes, and environmental
issues, including available remedies, toxic mold claims,
the applicable federal and state laws, and more.
- The most effective pre-trial
and discovery techniques, as well as the use
of streamlined case management orders and special
references used in construction defect litigation.
- Emerging insurance considerations
in light of the landmark California case of Montrose
v. Admiral Insurance. The authors explain the far-reaching
impact of the decision on the comprehensive duty to
defend builders and developers, as well as the practical
implications for insurers.
- The growth and impact
of Alternative Dispute Resolution methods and techniques
to resolve complex construction defect claims.
- Legislative agendas
of consumer attorneys and associations of builders
and developers throughout western states.
- Latest developments on
the recovering of economic damages and other ramifications
of the Aas decision in California.
- The effective use of
experts and technical information in a construction
defect case. Learn how to organize the investigation,
work with technical consultants, analyze reports and
presentations, understand the components of an architectural
defect analysis and a geotechnical distress analysis.
You'll also find vital information on soil conditions,
structural complications and civil engineering issues
commonly encountered in construction defect cases.
- And more.
 Thomas
E. Miller is the Senior Attorney and President
of The Law Offices of Thomas E. Miller, now The Miller
Law Firm, located in Orange, Ventura, and San Francisco
counties, California, with affiliate offices in Arizona,
Nevada, and Oregon. Mr. Miller's litigation practice is
limited to representing condominium and homeowners' associations.
A nationally recognized specialist on construction defect
and land subsidence claims, Mr. Miller has written and
lectured extensively on these subjects. He is the author
of two prior editions of this book, numerous other publications
including Construction Defect Handbook for the Board of
Directors and Property Managers, and many articles in
the field.
He is a member of the State Bars of California and Colorado,
and the California, Nevada, Arizona, and Oregon Trial
Lawyers Associations, the American Bar Association , American
Arbitration Association, and numerous local bar associations.
He currently serves on the Board of Directors of the Consumer
Attorneys of California (CAOC), is an active member of
the Community Associations Institute (CAI), and a founding
member of the California Association of Community Managers
(CACM). Mr. Miller received his B.A. from California State
University, Long Beach, and his J.D. from University of
California, Hastings College of Law.
 Rachel
M. Miller is the Marketing Partner of The Law Offices
of Thomas E. Miller, now The Miller Law Firm. Ms. Miller
has been featured in The Los Angeles Times, Orange County
Register and San Diego Daily Commerce, as well as on numerous
television and radio programs.
Ms. Miller regularly speaks to the community association
industry and law firm practice forums. She has also authored
and lectured extensively in community association and
legal forums on consumer legislation, disaster response,
and construction defects. She is a member of the Executive
Council of Housing Organizations (ECHO), Institute of
Beal Estate Management (IREM), CAI, and CACM.
She is a member of the California State Bar, Consumer
Attorneys of California, Legal Marketing Association and
the Nevada Trial Lawyers Association. She received her
B.A. from Loyola Marymount University in Los Angeles,
and her J.D. from California Western School of Law in
San Diego.
Evolution of Construction Defect
Litigation
Historical Development
Current Status
Commercial and Residential Theories of Recovery
Prelitigation Considerations
In General
Categories of Construction Defects
Evaluating the Case
Seeking Professional Assistance
Developer-Builder Considerations
Types of Defects
Certificates of Merit
Statutory Prelitigation Steps
In General
The Prelitigation "Calderon Process" in California
Funding California Defect Litigation
California Notice Procedures for Projects with Less than
Twenty Units
Nevada's Chapter 40 Litigation Process
Oregon's Prelitigation Statute for Class Actions
Arizona's Prelitigation Process
Standing To Sue
Real Party in Interest
Statutory Standing--Review by State
Class Actions
Causes of Action
State-by-State Overview
Strict Liability
Breach of Implied Warranty
Breach of Express Warranty
Negligence
Breach of Fiduciary Duty
Fraud, Deceit, and Misrepresentation
Nuisance
Destruction of Subjacent and Lateral Support
Inverse Condemnation
Unfair Trade Practices
Americans with Disabilities Act of 1990
Toxics, Hazardous Wastes, and
Environmental Issues
Available Remedies
Toxic Mold Claims
Applicable Federal Laws
State Legislation
Common Law Causes of Action
Insurance Coverage
Damages
Insurance Considerations
Fundamental Issues
Third-Party Coverage
First-Party Coverage
Defense Considerations and
Responses
Introduction
Statutes of Limitation and Repose
Mitigation of Damages and Additional Defenses
Indemnity and Contribution
Discovery
State-by-State Overview
Right to Conduct Discovery
Scope of Discovery
Use of Special References and Case Management Orders
Arizona's Unique Disclosure of Information Rule
Limitations on Discovery
Methods of Discovery
Discovery Sanctions
Experts and Technical Information
Organizing the Investigation
Architectural Defect Analysis
Geotechnical Distress Analysis
Soil Conditions
Structural Complications
Indicators of Problems
Additional Considerations
Civil Engineering Analysis
Relocation Analysis
Damages
Compensatory Damages
Consequential Damages and Costs
Pure Economic Damages
Punitive Damages
Damages for Emotional Distress
Settlement and Other Alternatives to Trial
Plaintiff's Settlement Strategies
Defendant's Settlement Strategies
Universal Settlement Considerations
Alternative Dispute Resolution
Appendix
Table of Cases
Index
Handling Construction Defect
Claims: Western States, Third Edition, is completely
up to date. But to make sure you're always abreast of
the latest legal developments, you will automatically
receive--risk-free with no obligation to purchase--updates
and/or new editions and special supplements on closely
related topics. You will be billed separately at the then-current
price. Upon receipt, you will have 30 days to purchase
or return. Of course, you may cancel this automatic supplementation
program at any time simply by notifying Aspen Law & Business
in writing.
Gain the competitive edge with
60 ready-to-Use forms, Checklists, and other expert practice
tools.
There's simply no more useful guide than Handling Construction
Defect Claims: Western States, Third Edition, to help
you manage the many details of this highly complex area
of litigation. That's because, in addition to explicit
guidance on the substantive and procedural law for the
western jurisdictions, this remarkable guide provides
a valuable Appendix containing 60 time-and-money-saving
practice forms, ready to use at every step of the case.
You'll find:
- Confidential Homeowners' Questionnaire
- Checklists of Documents Needed from Homeowners'
Associations Forms
- Legal Services Proposal
- Notices to Builders
- Prelitigation Flow Chart
- Sample Hold Harmless Language and Specified Insurance
Requirements
- Sample Complaints
- Answer to Complaint
- Case Management Order
- Complex Civil Case Flow Chart
- Demand Letters
- Interrogatories
- Expert Witness Declaration
- Mediation Agreement
- Statute of Limitation Tolling Agreement
- And many, many more
To order please contact the publisher,
Aspen Publishing at 800-447-1717 or place orders through
their website: www.aspenpub.com.
|
CONSTRUCTION
DEFECT, CONSTRUCTION LAW, CONSTRUCTION DEFECT LAW, constructiondefects,
construction defects, property, patent, latent, defect litigation,
settlement, management, trial, discovery, experts, architectural,
geotechnical, soil, structure, retaining counsel, Status of
Limitations, sub general contractor, remedies, legislation,
insurance, indicators problems, cracks
© Copyright 2008 The Miller Law Firm. All rights Reserved.
If you experience problems or have questions, contact us at Info@ConstructionDefects.com.
|
