Civil Procedure Construction

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REAL NEWS – WINTER EDITION 2015/16

IN THIS EDITION - Ben Barrison reports on the long awaited Supreme Court’s decision in the case of Marks & Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Limited (pg 03); We dedicate two...more

California Court Puts Out The Welcome Mat For The Eichleay Formula In Computing Home Office Delay Damages - What Took So Long?

In JMR Construction Corporation v. Environmental Assessment and Remediation Management, Inc. (Court of Appeal No. H039055, Monterey County Superior Court No. M105497), the Sixth Appellate District held the Eichleay formula...more

The Prompt Payment Rollercoaster

This past year we wrote about a case involving California’s prompt payment laws and the current state of confusion with the prompt payment statutes which are scattered throughout the state Code and which are inconsistent in...more

Geotechnical Report in Solicitation Bars Federal Contractor’s Recovery for Unfavorable Soil Conditions

In Old Veteran Construction, Inc. v. United States, the U.S. Court of Federal Claims dismissed a federal contractor’s claim for damages, which the contractor contended were due because of unexpected soil conditions...more

Employment Law Letter - Winter 2016

In our last issue, we reported on an interesting lawsuit filed by about 50 plant construction workers who were out of work for months following an explosion resulting from a “gas blow” at the Kleen Energy facility in...more

Statute of Limitations

The Doctrine of Nullum Tempus, and Its Impact on Statutes of Limitation and Statutes of Repose - The common law doctrine of nullum tempus occurrit regi — generally translated to mean “time does not run against the king”...more

Contractors can be Liable for Following Owners’ Directives

In Downey v. Chutehall Construction Co. (Lawyers Weekly No. 11-001-16), the Massachusetts Appeals Court ruled a contractor can be liable for violating building codes despite the fact that the party suing it directed the...more

Washington State Court of Appeals Holds Vested Permit Applications Are Not Subject to New Municipal Stormwater Requirements

The development community won a victory in Division Two of the Washington State Court of Appeals in a ruling that excludes pending permit applications from the new low-impact development stormwater regulations that large...more

Are You My Brokers? The Evolving Legal Status of the Real Estate Salesperson

Under the Real Estate Law that governs the regulation of brokers and salespersons by the Bureau of Real Estate, a salesperson is theoretically subject to supervision and control at all times by the broker that employs the...more

Risky Business: Implied Warranty of Design in Construction Manager at Risk Agreements

In Coghlin Electrical Contractors, Inc. v. Gilbane Building Company, the Massachusetts Supreme Court explored the applicability and scope of an implied warranty regarding the sufficiency of designs and specifications in the...more

Contractor’s Lawsuit Against Architect for Tortious Interference Allowed to Proceed

A U.S. District Court Judge for the District of Massachusetts has allowed a lawsuit to proceed brought by a contractor against an architect, alleging the architect falsely certified grounds for termination to the project...more

Intervention by Individual Homeowners Deemed Timely

Ziani Homeowners Association v. Brookfield Ziani LLC, et al. - Court Of Appeal, Fourth Appellate District, Division Three - (December 22, 2015) - The Court of Appeal considered the issue of timeliness of a...more

Contractor Stumbles Over Contract's Claim Procedures

Contractors have once again been reminded of the harsh consequences of failing to follow the claim procedures specified in their contracts. In Contractors Edge, Inc. v. City of Mankato, the Minnesota Court of Appeals...more

Tips on Pursuing and Defending Complaints against Contractors

The often staggering cost of litigation has prompted an equally staggering amount of regulatory complaints against contractors in recent years. Why? Because filing a complaint against a contractor may not cost a complainant...more

Design Liability and Right of Way Risk Allocation for Design-Build Projects

Design liability and right-of-way risk allocation are topics addressed in a legal research digest recently published by the Transportation Research Board’s National Cooperative Highway Research Program (NCHRP). The report,...more

Subcontractor Performing Services may be Liable in Strict Liability For Purchasing and Installing Defective Products in Fulfilling...

Jovana Hernandezcueva v. E. F. Brady Company, Inc. - Court of Appeal, Second Appellate District, Division Four (December 22, 2015) - The doctrine of strict liability is ordinarily inapplicable to transactions...more

Moratoriums Do Not Prohibit Billboard Relocations

Because billboards are typically near public transit, they are routinely impacted by public projects such as street widenings, highway and freeway expansions, and grade separation projects. When impacted, billboard companies...more

To Be or Not to Be in Arbitration? That is the Question

Arbitration has become a very common and effective way to resolve construction disputes in lieu of traditional litigation, and it is easy to understand why: - The parties can select arbitrators with construction...more

Construction Law Group News: Home Improvement Contractor Liable Under Consumer Protection Act for Building Code Violations Despite...

The Massachusetts Appeals Court recently overturned a trial court decision and held that a home improvement contractor was liable to the homeowners under M.G.L. c. 93A for building code violations even though the jury found...more

Construction Case Law Update - January 11, 2016

CGL Policies, Supplemental Payment Provision, and Attorney’s Fees - A contractor’s commercial general liability insurer appealed a final judgment in favor of homeowners that damages awarded to them in a construction defect...more

New York Court Holds Insurer Timely Disclaimed Coverage on Basis of Classification Limitation

In its recent decision in Black Bull Contr., LLC v Indian Harbor Ins. Co., 2016 NY Slip Op 00002 (1st Dep’t Jan. 5, 2016), the Supreme Court of New York, Appellate Division, First Department, had occasion to consider whether...more

Court Of Chancery Explains Arbitration Timelines

This decision explains the timelines for seeking to vacate an arbitration award. It illustrates that an arbitration proceeding has its own rules that the parties better understand or lose their rights....more

Berkeley Balcony Collapse Leads To Calls For More Scrutiny of The Construction Industry

On June 16, 2015 six students died and seven others were seriously injured when the balcony on which they were standing collapsed. The group was celebrating a 21st birthday party at an apartment located in the “Library...more

Decoding the NLRB’s New Joint Employer Standard

The National Labor Relations Board (NLRB) made major changes to the concept of joint employers in 2015, culminating in what many felt was a head spinning decision in August, known as Browning-Ferris, setting a new standard...more

SB 800 – Can Builders Enforce It, Or Not?

15 years ago, the California Supreme Court held in Aas v. Superior Court, 24 Cal.4th 627 (2000), that homeowners could not recover for construction defects unless the defects caused consequential damages to the building. In...more

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