Tag: appeals

Insurance Coverage Decision a Major Victory for the Construction Industry

My partner, Scott Kaplan,  discusses the recent Oregon Court of Appeals in FountainCourt Homeowners’ Ass’n v. FountainCourt Development, LLC case in the Daily Journal of Commerce.  On August 6, the Oregon Court of Appearls, handed down a decision making clear that standard form liability insurance policies cover construction defect claims so long any “property damage” for … Continue Reading

Recent Oregon Court of Appeals Case Resolves Statute of Limitations Issues in Construction Defect Cases

The Oregon Court of Appeals recently issued a ruling in the case of Waxman v. Waxman & Assoc., Inc. that resolves two significant issues regarding the statute of limitations in certain construction defect cases. First, the court ruled that where a plaintiff’s claim is based upon breach of contract, the applicable statute of limitations is … Continue Reading
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