Structural defects and design defects

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Structural integrity errors may involve any of the following: [196590005] concrete; ry6mar;

Defects related to site preparation can be caused by any of the following:

• building on expansive soil or other defective soils that cannot support structures properly;
• building on contaminated soil; 0 [19659;] lack of a slab on the ground when the soil is acidic and can cause deterioration of concrete; or
• to build on improperly compacted soil, which can cause internal distress to cabinets and countertops, make doors difficult to open and cause structures to settle and crack in stucco, plaster, plaster, interior walls, windows, tile floors, concrete slabs, tiles , and garage floors.

In Texas, when a completed home had problems with a varying foundation, an action was brought for violation of the Texas Deceptive Trade Practices Act (DTPA) and negligence. On the first day of the trial, the plaintiffs settled with one defendant and proceeded against another. The district court issued a directed judgment on the allegation that there was a breach of DTPA with a breach of an implied guarantee of good and artisanal performance. Only the plaintiff's claim of negligence was submitted to the jury, which found no negligence on the part of the defendant. The district court handed down a take-nothing judgment. [ Codner v. Arellano 40 S.W.3d 666 (Tex.App. Dist.3 2001). See also Parmely v. Hildebrand S.D. 83, 630 NW2d 509 (2001), where the seller was found to have provided adequate information about expansive land at the time of the sale and was not liable for land expansion damage.]

The Ninth Circuit, which deals with the right to insurance for damage caused by expansive land , found that California law applies to the exclusion of latent defects to third-party negligence that can only be discovered through subsequent intensive expert investigations. As there is no evidence that the contractor's negligence could be discovered in this case, apart from an in-depth expert inspection afterwards, the Ninth Circuit concluded that State Farm was entitled to a summary judgment on its exclusion for latent defects. [W inans v. State Farm Fire and Casualty Co. 968 F.2d 884 (9th Cir. 1992).]

© 2021 – Barry Zalma

Barry Zalma, CFE, now limits his internship as an insurance consultant specializing in insurance coverage, insurance claims management, insurance fraud and insurance fraud almost equally for insurers and policyholders.

He also acts as an arbitrator or mediator for insurance-related disputes. He practiced law in California for more than 44 years as a lawyer for insurance coverage and claims management and more than 54 years in the insurance industry.

He is available at http://www.zalma.com and zalma@zalma.com. Zalma is the first recipient of the first annual Claims Magazine / ACE Legend Award. For the past 53 years, Barry Zalma has devoted his life to insurance, insurance claims and the need to defeat insurance fraud. He has created the following library of books and other materials to enable insurers and their claimants to become professionals in insurance claims.