Civil Remedies Civil Procedure Construction

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Construction Law Alert: Long Term Express Warranties

A recent holding by the North Carolina Court of Appeals is threatening to render many long-term express warranties ineffective. In a divided opinion in Christie v. Hartley Construction, Inc., the court held that the...more

Illinois Federal Court Grants Summary Judgment in Favor of Insurer on “Vexatious and Unreasonable” Claim by Insured

In One Place Condominium, LLC v. Travelers Property Casualty Company of America, 2014 U.S. Dist. LEXIS 33974 (N.D. Ill. March 17, 2014), plaintiffs One Place Condominium LLC, The South Loop Shops LLC, Southblock Development...more

And So it Begins . . .

This past year I wrote about a case that caused an uproar in the homebuilding industry - Liberty Mutual Insurance Company v. Brookfield Crystal Cove LLC, 219 Cal.App.4th 98 (August 28, 2013) – in which the California Court of...more

Reviving Construction Projects — How to Avoid Creating a Frankenstein Monster

Reviving dead or moth-balled projects presents risks and rewards. The rewards include a shorter ramp-up period. The risks include the revival of claims akin to the unintended creation of a Frankenstein monster. But those...more

BE&K Engineering Co., LLC v. RockTenn CP, LLP, C.A. No 8837-VCL (Del. Ch. Jan. 15, 2014) (Laster, V.C.)

In this memorandum opinion, the Court of Chancery granted a motion for partial summary judgment and issued a permanent anti-suit injunction, finding that the agreement governing the Delaware and Georgia litigation contained a...more

ConstructLaw - January 2014

U.S. Supreme Court Holds Forum-Selection Clauses Are Presumptively Enforceable - Atl. Marine Constr. Co. v. United States Dist. Court 2013 U.S. LEXIS 8775 (U.S. 2013) - This action arose out of a forum-selection...more

Guidance For Developers: Protect Against Liability Through Planning And Regulatory Compliance

Recently, Phillips Lytle attorneys successfully appealed an award of punitive damages against a developer found liable for flooding neighboring property. Unanimously reversing the Appellate Division, the New York Court of...more

Effective Use of CPM Scheduling

In a relatively recent case, Metcalf Construction Co. v. U.S., 107 Fed. Cl. 786 (2012), the U.S. Court of Federal Claims once again looked to the critical path method (CPM) in determining the allocation of damages in a...more

"Twenty Years" is Actually "Six Years" for Contractors and Manufacturers in North Carolina

This year the North Carolina Court of Appeals issued an opinion that significantly limits many construction warranties. In Christie v. Hartley Construction, Inc., et al., No. COA12-1385, the Court limited any action for...more

California Appellate Court Expands Rights to Homeowners in Construction Defect Cases beyond Remedies Provided in the California...

On August 28, 2013, the California Appellate Court (Fourth District) issued its ruling in the case of Liberty Mutual Insurance Company v. Brookfield Crystal Cove LLC (Case No. GO46731). Liberty Mutual filed suit against...more

New Jersey Supreme Court Addresses Inter-Insurer Contribution Rights

In a case of first impression, the Supreme Court of New Jersey, in its recent decision in Potomac Ins. Co. of Illinois v. Pennsylvania Manufacturer’s Association Ins. Co., 2013 N.J. LEXIS 847 (N.J. Sept. 16, 2013), had...more

Under Construction - September 2013: Economic Loss in Colorado

The economic loss doctrine generally holds parties to the benefits, burdens and obligations set out in their contracts and bars tort claims such as negligence, misrepresentation and theft for purely economic loss when a...more

There’s More Than One Way to Skin a Cat When it Comes to Actual Damages Under SB 800

In 2002, the California State Legislature enacted S.B. 800 also known as the “Right to Repair Act” (Civil Code sections 895 et seq.). SB 800, which applies to newly constructed single-family residences sold after...more

California Court of Appeal Opens the Door for Construction Defect Claims Outside of SB800

On August 28, the California Court of Appeal ruled that SB800 (Civil Code sections 895 through 945.5, the "Right to Repair Act") is not the only remedy for construction defect claims even when those claims fall within the...more

Attorney fees only awarded to developers of affordable housing projects

In Honchariw v. County of Stanislaus, the California Court of Appeal for the Fifth Appellate District ruled that the housing developer was not entitled to attorney fees under California Government Code § 65589.5(k) because...more

Why A “Lifetime” Warranty Is Only A Six Year Warranty For Contractors And Manufacturers

Most would assume that a warranty lasts for as long as the warranty’s terms. In North Carolina, a recent Court of Appeals decision has made clear that an extended warranty, absent evidence of fraudulent, willful, or wanton...more

Sponsor/Builder Liability Under the New Jersey Consumer Fraud Act

In Belmont Condominium Association, Inc. v. Geibel, 2013 WL 3387636 (App. Div. July 9, 2013), New Jersey’s Appellate Division affirmed in large part a substantial judgment against the sponsor, developer and general contractor...more

Burr Alert: Ground Control, LLC v. Capsco Industries, Inc., et. al.: Opening The Door To Claims By Unlicensed Contractors In...

The Mississippi Supreme Court, in a case of first impression, recently addressed claims for nonpayment by contractors performing work in the state in violation of Miss. Code Ann. Section 31-3-15, which requires contractors...more

General Conditions Not Lienable In Georgia

A 2012 Georgia Court of Appeals decision has significant implications for Georgia contractors by declaring that jobsite general conditions do not constitute improvements to real property such that they can be included in a...more

I Did The Work -- Where Is My Check? West Virginia Mechanic's Lien Breakdown for Subcontractors & Suppliers

Imagine you are a materialman, selling indoor carpet to the contractors. You are approached by a West Virginia developer that wants you to supply carpet and flooring for several houses in a new development. The contract...more

Expert Fees Properly Awarded Under Offer of Judgment

In Martinez v. Brownco Construction Co. Inc., the California Supreme Court decided a unique issue under California’s offer of judgment procedure, Code of Civil Procedure Section 998. The court concluded that a second...more

Lien on Me? A Synopsis of South Carolina Lien Law

What is a Mechanic’s Lien? In South Carolina, construction liens, called mechanic’s liens, are automatically created by statute to protect anyone “to whom a debt is due for labor performed or furnished or for materials...more

7th Circuit: No Need for Specificity in Contract Dispute Liability Cap

This week we discuss the 7th Circuit decision SAMS Hotel Group, LLC v. Environs, Inc. which found that, at least between two sophisticated parties, a liability cap in a contract dispute is enforceable even without specifying...more

Stop Payment Notices: The Lesser Known Construction Payment Remedy

My kid sister was popular in high school, unlike me. She was an officer on the student council, a member of Yearbook, numerous campus organizations, and someone whose name made it in the yearbook polls (in a good way). I, on...more

Your Last Resort: The Unpaid Account

A suit on an unpaid account against your customer will likely entitle you to the principal balance plus interest and attorney fees. But a suit on an unpaid account is only as good as your customer’s ability to satisfy the...more

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