Civil Procedure | JD Supra Legal News, Updates, Analysis, & Information

Microsoft Corp. v. Vadem, Ltd., et al., C.A. No. 6940-VCP (Del. Ch. Apr. 27, 2012) (Parsons, V.C.) - April 27, 2012

by Potter Anderson & Corroon LLP on 5/9/2012

In this memorandum opinion, the Court of Chancery reinforced the internal affairs doctrine while dismissing a complaint brought by Microsoft Corporation in connection with the restructuring of Vadem, Ltd., a computer...more

FCA affirms the importance of GAAP in computing liability for LCT rejecting the Crown’s economic substance argument

by Fraser Milner Casgrain LLP on 5/9/2012

The Federal Court of Appeal has once again affirmed the importance of Generally Accepted Account Principles (GAAP) in computing liability for the large corporation tax (LCT) applicable prior to 2006 while rejecting the...more

Dealing with Mechanics’ Liens

by Sands Anderson PC on 5/8/2012

Henry Spalding, an attorney in the Sands Anderson Risk Management Group, recently published the following article in the Virginia Homebuilder’s Newsletter: Filing and enforcing a mechanic’s lien can be a strong and...more

California Court Denies Rescission of Insurance Policy

by Traub Lieberman Straus & Shrewsberry LLP on 5/4/2012

In its recent decision in Thompson v. Navigators Ins. Co., 2012 U.S. Dist. LEXIS 60122 (S.D. Cal. Apr. 30, 2012), the United States District Court for the Southern District of California considered whether an insurer was...more

What Was That Court Thinking?

by McNees Wallace & Nurick LLC on 5/1/2012

Just when you thought you understood the rules of the game in relation to the Pennsylvania Mechanics Lien Law (“Act”), the Pennsylvania Superior Court issued the game changing decision, Bricklayers of Western Pennsylvania...more

Construction Attorneys--It Is Time to Check the Box!!

by Katherine Gallo, Esq. on 5/1/2012

Five years, twenty drafts and hundreds and hundreds of non-billed attorneys later, the Civil and Small Claims Committee of the Judicial Council is recommending the Form Interrogatories - Construction Litigation be adopted and...more

The Construction Contract Timely Notice Issue

by Rick Meyer on 4/26/2012

When a construction Contractor presents a delay damage claim against the Owner, the Contractor must be aware of time limits in the contract for making such a claim. The same is true for Subcontractors making delay damage...more

Use of Projected Future Conditions Appropriate Baseline for Analyzing Impacts of Long-Term Infrastructure Projects

by Sheppard Mullin Richter & Hampton LLP on 4/25/2012

In Neighbors for Smart Rail v. Exposition Metro Line Construction Authority, et al. (“Neighbors for Smart Rail”), the California Court of Appeal for the Second District considered plaintiff and appellant Neighbors for Smart...more

Reminder: Title Search is Key for a Virginia Mechanic's Lien

by Christopher G. Hill on 4/25/2012

Christopher G. Hill, LEED AP and VA construction attorney discusses the need to assure proper title before filing a mechanic's lien in Virginia...more

Will Green Codes LEED to Litigation?

by Dinsmore & Shohl LLP on 4/19/2012

As seen in DRI For The Defense. A deep recession and lethargic recovery have taken their toll on the U.S. construction industry. But despite the overall sluggishness in the construction sector, the U.S. green-building...more

The Long Tail of Construction Defect Liability: When Does It End?

by Snell & Wilmer L.L.P. on 4/17/2012

Originally published in Colorado Construction & Design Magazine. (2012). Colorado law imposes deadlines on when defect claims may be asserted. How, when and to whom these deadlines apply has been historically less than...more

Bankruptcy Court Delivers Next Chapter In Developing Law Regarding Post-Petition Lien Perfection By Subcontractors

by Poyner Spruill LLP on 4/17/2012

In a prior alert (Subcontractors and Suppliers Win Support for Lien Perfection During North Carolina Bankruptcies) we told you about the order from the United States District Court for the Eastern District of North Carolina...more

Delaware Court Rejects Extrinsic Facts In Determining Duty to Defend Additional Insured

by Traub Lieberman Straus & Shrewsberry LLP on 4/10/2012

In its recent decision in The Premcor Refining Group v. National Fire Insurance Co. of Hartford, 2012 U.S. Dist. LEXIS 49097 (D. Del. Apr. 6, 2012), the United States District Court for the District of Delaware considered...more

Washington Supreme Court: Independent Duty Rule Doesn’t Bar Contractor’s Tort Claims, But Facts Do

by Lane Powell PC - Construction Law on 4/3/2012

The Washington Supreme Court continues to keep parties to construction contracts guessing about when remedies might be available, other than those set forth in the contract itself. The issue has been less than clear since the...more

Contract Interpretation: How Courts Resolve Ambiguities in Contract Documents

by Snell & Wilmer L.L.P. on 3/21/2012

Many construction disputes arise out of terms set forth in the contract. Unfortunately, many construction contracts were never reviewed by a construction attorney and are not models of clarity. Because many disputes are won...more

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Civil Procedure – May 23, 2012

Narrowed by: Construction Law