Handling Construction Defect Claims: Western States

Name: Handling Construction Defect Claims: Western States
Availability: OutOfStock
ISBN: 9781454811695

ISBN-10: 1454811692

ISBN-13: 9781454811695

Edition: 2012

Authors: Thomas E. Miller, Rachel M. Miller, Matthew T. Miller

List price: $299.00

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Description:

Handling Construction Defect Claims: Western States, Fourth Edition, puts you on the cutting edge in this expanding practice area. Bringingdecades of experience representing a diverse spectrum of residential realestate interests and homeowners' associations, co-authors Thomas E. Miller andRachel M. Miller detail each aspect of this specialized area, from thestatutorily prescribed causes of action to the common law theories ofliability, from prelitigation steps to defense considerations, and damages.You'll find up-to-the-minute guidance on California construction defect law,as well as the evolving law in Nevada, Arizona, Colorado, Utah, Oregon, andWashington.You'll also gain valuable…

Book details

List price: $299.00
Copyright year: 2012
Publisher: Aspen Pub
Binding: Cloth Text
Pages: 371
Size: 7.25" wide x 10.25" long x 2.75" tall
Weight: 5.148
Language: English




Evolution Of Construction Defect Litigation



Historical Development



Current Status



Commercial and Residential Theories of Recovery



Prelitigation Considerations



In General



What Constitutes a Construction Defect?



Types of Defects



Evaluating the Case



Seeking Professional Assistance



Developer-Builder Considerations



Venue Considerations



Statutory Prelitigation Steps



In General



Arizona



California



Colorado



Hawaii



Nevada



Oregon



Washington



Certificates of Merit



Standing To Sue



Real Party in Interest



Class Actions



Causes Of Action



Overview of Causes of Action



Arizona



California



Colorado



Hawaii



Nevada



Oregon



Utah



Washington



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



Introduction



State-by-State Overview



Right to Conduct Discovery



Scope of Discovery



Developing an Initial Understanding of the Case



Use of Special References and Case Management/Pretrial Orders in Defect Litigation



Arizona's Unique Disclosure of Information Rule



Limitations on Discovery



Methods of Discovery



Discovery Sanctions



Experts And Technical Information



Introduction



Organizing the Investigation



Architectural Defect Analysis



Geotechnical Distress Analysis



Soil Conditions



Structural Complications



Indicators of Problems



Additional Considerations



Civil Engineering Analysis



Relocation Analysis



Role of Real Estate Appraiser



Damages



Introduction



Statutory Damages



Compensatory Damages



Consequential Damages and Costs



Punitive Damages



Damages for Emotional Distress



Limitation on Damages



Settlement And Other Alternatives In Trial



Introduction



Plaintiff's Settlement Strategies



Defendant's Settlement Strategies



Universal Settlement Considerations



Alternative Dispute Resolution Appendixes


Appendices:



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