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    Handling Construction Defect Claims: Western States

    ISBN-10: 1454811692
    ISBN-13: 9781454811695
    Author(s): Thomas E. Miller, Rachel M. Miller, Matthew T. Miller
    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'  More...
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    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

    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 insights in these vital areas:The merging of toxic tort litigation and construction defect litigationEmerging insurance considerationsAlternative dispute resolution (ADR) methods and techniquesThe effective use of experts in a construction defect caseAnd more!

    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:
    Homeowne

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