News & Analysis as of

General Business Construction Personal Injury

Read need-to-know updates, commentary, and analysis on General Business issues written by leading professionals.

Courts Misunderstand the Meaning of “That Particular Part”

This is part one of a two-part series looking at how court decisions in recent years have thwarted general contractors’ reasonable expectation of coverage under their general liability policies....more

Contractor May Receive Indemnity Despite Alleged Active Negligence or Willful Misconduct

by Low, Ball & Lynch on

Oltmans Construction Co. v. Bayside Interiors, Inc. - Court of Appeal, First Appellate District, 10 Cal.App.5th 355 (March 30, 2017) - Civil Code § 2782.05 renders an indemnity provision in a contract void and...more

Employers Beware: Indiana Supreme Court Expands the Scope of the “Duty of Care” Owed to a Subcontractor’s Employees

by Fisher Phillips on

In light of a recent decision from the Indiana Supreme Court, Indiana employers—and construction companies in particular—should review their contracts and subcontracts to determine if they have unwittingly assumed a duty of...more

Arizona Court of Appeals Confirms “Subcontractor Exception” to “Your Work” Exclusion Does Not Apply to Additional Insured General...

by Jaburg Wilk on

In Double AA Builders, Ltd. v. Preferred Contractors Insurance Company, LLC, --- P.3d ----, 2016 WL 7508079, *1 (Ariz. Ct. App. Dec. 30, 2016), the Arizona Court of Appeals reversed the trial court’s grant of summary...more

Contractor not liable following tunnel collapse

by White & Case LLP on

A recent Scottish case absolved a contractor from liability for the collapse of a tunnel as part of a hydroelectric scheme. This was because the contractor exercised reasonable skill and care, and did not guarantee the...more

Non-delegable duties of architects and main contractors in construction claims - A case study of MCST Plan No. 3322 v Tiong Aik...

by Dentons on

In MCST Plan No. 3322 v Tiong Aik Construction Pte Ltd and Another [2016] SGCA 40, the Singapore Court of Appeal (CA) held that architects and main contractors are not subject to a non-delegable duty in tort to ensure that...more

Mississippi Court Rejects Expansive Reading of Oral Construction Contracts

In McKean, et. al. v. Yates Engineering, 2015 Miss. App. LEXIS 446 (2015), the Court of Appeals of Mississippi affirmed the Circuit Court’s dismissal of four (4) plaintiffs’ personal injury claims stemming from the collapse...more

Construction Alert: "Texas Supreme Court Opinion Impacts General Contractor's Statutory Indemnity Rights Against Manufacturers of...

by Porter Hedges LLP on

The Texas Supreme Court recently issued an important decision regarding the ability of general contractors to seek indemnity from manufacturers of defective products. In Centerpoint Builders GP, LLC v. Trussway, Ltd., the...more

Texas Supreme Court Narrows the Ability of General Contractors to Seek Chapter 82 Indemnity for Product Claims

by Bracewell LLP on

On June 17, the Texas Supreme Court further clarified the definition of the word "seller" in Chapter 82 of the Texas Civil Practice and Remedies Code (known as the Texas Products Liability Act), which was intended to provide...more

Common Law Indemnity Claim Affirmed on Justifiable Beliefs

by Snell & Wilmer on

Yesterday, the Arizona Court of Appeals issued an interesting opinion in Hatch Development v. Solomon. Hatch illustrated two key points in real estate and construction litigation: (1) a contractor’s indemnity does not always...more

Be Careful Who You Hire: Unlicensed Contractors are Employees of the Hirer

In Randall Blackwell v. Ray Vasilas, (D067239, Superior Court No. 37-2013-00064563-CU-PO-CTL) the Fourth Appellate District held the Privette Doctrine does not protect a hirer from liability to an independent contractor’s...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

Negligence – Premises Liability – Property Owner Not Liable For Painter’s Accident – No Evidence of Negligence by the Property...

by Low, Ball & Lynch on

Tomas Vebr v. Gary A. Culp et al. - Court of Appeal, Fourth Appellate District (October 28, 2015) - Workers’ compensation insurance is required for issuance of a contractor’s license in California pursuant to...more

Summary of California Appellate Decisions -August 2015

Insurance; Duty To Defend; Insurance Coverage; Intentional Acts; Sexual Misconduct - Gonzalez v. Fire Insurance Exchange (2015) 234 Cal.App.4th 1220, 184 Cal.Rptr.3d 394 (WL 960927) - Facts: This is an...more

Litigation Alert: "Texas Supreme Court Affirms Protection for Business Property Owners"

by Porter Hedges LLP on

The Supreme Court of Texas, interpreting Chapter 95 of the Texas Civil Practices & Remedies Code, affirmed that business property owners have broad protections against suits for injuries claimed by contractors, subcontractors...more

Senate Tightens Requirements for Construction Defect Claims

by Bilzin Sumberg on

The Florida Senate is following a recent national trend of tightening its laws governing construction defect claims. Currently, under FL. Stat. § 558.004, entitled Notice and Opportunity to Repair, a party claiming a...more

Arizona’s New Construction Defect Law is Effective the Summer of 2015

by Jaburg Wilk on

On March 23, 2015, Arizona Governor, Doug Ducey, signed into law House Bill 2578. This new legislation relates specifically to Arizona’s construction defect claims and revises the Purchaser Dwelling Actions statute - ARS §...more

Construction Case Law Update - April 2015

by Carlton Fields on

The fraud statute of repose does not bar fraud claims when the jury finds no evidence of the plaintiff’s reliance during the repose period, because it is the defendant’s last action or omission that triggers the fraud repose...more

Amendments to Arizona’s Purchaser Dwelling Act Impact Residential Construction Claims

by Dickinson Wright on

House Bill 2578, which amends the Purchaser Dwelling Act (“Act”) was signed into law by Governor Ducey on Monday, March 23, 2015. The Purchaser Dwelling Act sets forth a procedure for bringing claims for construction defects...more

Construction Law Developments in 2015 Colorado Legislative Session

by Snell & Wilmer on

In the first two months of its 2015 session, the Colorado General Assembly has introduced two bills that could have a significant impact on construction law in Colorado....more

Texas Court Upholds Engineer’s Tort Duty to Third Parties

The Texas appellate decision recently confirmed that state’s general rules regarding the outer limits of common law tort liability arising from alleged construction defects. USA Walnut Creek, DST v. Terracon Consultants,...more

Colorado Supreme Court: Construction Lender's Subsidiary Is Not a Subsequent Purchaser - Negligence Claim May Not Be Asserted...

by Stinson Leonard Street on

Lenders and contractors may want to take additional precautions before they take title to a newly constructed home through foreclosure (or deed in lieu of foreclosure) following a recent decision by the Colorado Supreme...more

New Jersey Appellate Division Holds that Affidavit of Merit Must be Issued by a Professional within the Same Profession as...

by Pepper Hamilton LLP on

Hill International, Inc. v. Atlantic City Board of Education, 2014 N.J. Super. LEXIS 177 (App. Div. Dec. 30, 2014) - The Superior Court of New Jersey, Appellate Division held that, in order to support of claim of...more

Oregon Court of Appeals Clarifies Application of Statute of Limitations and Statute of Repose in Connection with Construction...

In Riverview Condo, Ass’n v. Cypress Ventures, Inc., 266 Ore. App. 574 (Or. Ct. App. 2014), the Oregon Court of Appeals clarified application of the statute of repose and statute of limitations in the context of a suit...more

California Expands the Duty of Professional Consultants

Professional consultants and sub-consultants provide essential services to a Project during its planning, design, construction, and acceptance. In some jurisdictions, they enjoy protections from liability for “economic...more

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