Construction Law, Civil Procedure, Commercial Real Estate

The “Occurrence” Debate Continues: Pennsylvania and North Dakota Edition

by Aaron Mandel, Stevi Raab | Sedgwick LLP on 4/30/2013

As noted in our previous installment of CDCQ, the “occurrence” issue is one of the most hotly litigated topics in construction defect coverage cases. This last quarter was no exception. Two recent cases addressing this issue...more

An Update On North Carolina's New Lien Agent System

by Martin Flyke | Poyner Spruill LLP on 4/30/2013

On April 1, 2013, the changes to North Carolina’s construction lien laws enacted in July 2012 became effective. For a general overview of the pertinent changes, please review the articles written by Brian Corbett and Tom...more

Earth Matters - April 2013: Recent Decision Highlights Distinction Between Compliance With Multiple Environmental Programs

by Kimberly Barnashuk, Adam Walters | Phillips Lytle LLP on 4/26/2013

A recent New York Court of Appeals decision, Bronx Committee for Toxic Free Schools v. New York City School Construction Authority, 20 N.Y.3d 148 (2012), highlighted the interplay between the compliance process for the State...more

Court Addresses California's Changed Eminent Domain Prejudgment Possession Rules

by Rick Rayl | Nossaman LLP on 4/4/2013

Following the 2005 Kelo decision, California enacted a number of modest eminent domain reforms. For eminent domain attorneys, the most significant changes arguably came in the procedures for obtaining prejudgment possession....more

Arizona Court of Appeals Renders Two Decisions Affecting Awards of Attorneys’ Fees in Lawsuits to Enforce Mechanics’ Liens

by Jennifer R. Phillips, Nicole Sornsin | Snell & Wilmer L.L.P. on 4/4/2013

This past month, the Arizona Court of Appeals issued two decisions that could have significant implications for mechanics’ lien claimants....more

NH Supreme Court Reverses Recent Decision Regarding Restrictions On Excavation Permitting

by Mark E. Beliveau, John M. Formella, Matthew D. Manahan | Pierce Atwood LLP on 2/13/2013

In a November 16, 2012 alert, we discussed the New Hampshire Supreme Court’s November 9, 2012 decision in Town of Carroll v. Rines. That decision concluded that state law preempts certain municipal restrictions on excavation...more

Washington Supreme Court Expands the Ability of Parties to Define How and When Construction Defect Causes of Action May Be Brought

by Lane Powell PC - Construction Law on 2/8/2013

In a unanimous decision, the Washington Supreme Court has approved of contractual clauses broadly defining the scope of how and when causes of action may be asserted. The case, Washington State Major League Baseball Stadium...more

Although Unlikely to be Immediately Adopted Elsewhere, A Recent Tennessee Decision Regarding an Owner’s Liquidated Damage Claim...

by James Hall | Adler Pollock & Sheehan P.C. on 1/31/2013

A Tennessee Court of Appeals recently held that liquidated damages under an AIA Contract (A201 -1997 Gen. Conditions) are neither automatic nor self-executing. RCR Building Corp. v Pinnacle Hospitality Partners, 2012 WL...more

New N.C. Lien Laws Take Effect Next Week. Is Your Company Ready?

by Bryan G. Scott | Spilman Thomas & Battle, PLLC on 12/28/2012

The North Carolina construction world was abuzz during 2012 about new legislation bringing significant changes to North Carolina’s mechanic’s lien and payment bond laws. Governor Perdue signed SB 42 and HB 1052 into law this...more

Pennsylvania Court Finds No Coverage for Construction Defect Claims Under General Liability Policies

by Stevi Raab | Sedgwick LLP on 12/12/2012

In the case of American Home Assurance Co. v. Trumbull Corp., No. GD-11-006886 (Ct. Com. Pl. Allegheny County, Oct. 10, 2012), the court granted summary judgment in favor of two excess general liability insurers on a matter...more

The Importance of Contract Language

by Schecter Law on 11/14/2012

The language used in a contract is what governs the relationship between the contracting parties. In a lawsuit, the court looks within the four corners of the contract to determine the rights and obligations of each party....more

Connecticut Supreme Court Reaffirms State's Immunity from Statutes of Limitation

by McCarter & English, LLP on 11/8/2012

In a decision followed closely by the construction industry, Connecticut's Supreme Court has issued a unanimous decision confirming a long-standing rule that statutes of limitations do not run against the State. The...more

Pinnacle's Limited Impact On California Property Litigation

by Zelle Hofmann Voelbel & Mason LLP on 11/5/2012

Originally published in Insurance Law360 on November 2, 2012. The California Supreme Court recently issued an important decision concerning the forum for litigation of construction defect claims. However, as a practical...more

Construction Attorneys--You Can Now Check the Box!!

by Katherine Gallo, Esq. on 10/30/2012

I am pleased to report that the California Judicial Council has approved for use Form Interrogatories--Construction Litigation (form DISC-005). The approved form will be on the Judicial Council website at...more

Coalition for Clean Air: Filing an NOE Before Project Approval Does Not Trigger CEQA's 35-Day Statute of Limitations

by Allen Matkins Leck Gamble Mallory & Natsis... on 9/24/2012

On September 14, 2012, the Fifth District Court of Appeal decided in Coalition for Clean Air v. City of Visalia that a Notice of Exemption (NOE) filed before the final approval of a proposed project is invalid and does not...more

Latent Defects: extending the statute of limitations (law note)

by Melissa Dewey Brumback on 9/17/2012

As we’ve previously discussed, the statute of limitations for construction claims in North Carolina is generally three years. That is, once 3 years have passed, you are generally protected from any lawsuit filed after that...more

Colorado News: Designation of Non-Parties at Fault in Construction Defect Cases is Not as Straightforward as it First Seems

by Snell & Wilmer L.L.P. on 9/14/2012

In Colorado construction defect cases, defendants often designate non-parties at fault under a Colorado statute that allows for the fact-finder to apportion fault between parties and non-parties. See C.R.S. § 13-21-111.5(3)....more

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Construction Law › Civil Procedure › Commercial Real Estate

The “Occurrence” Debate Continues: Pennsylvania and North Dakota Edition

An Update On North Carolina's New Lien Agent System

Earth Matters - April 2013: Recent Decision Highlights Distinction Between Compliance With Multiple Environmental Programs

Court Addresses California's Changed Eminent Domain Prejudgment Possession Rules

Arizona Court of Appeals Renders Two Decisions Affecting Awards of Attorneys’ Fees in Lawsuits to Enforce Mechanics’ Liens

NH Supreme Court Reverses Recent Decision Regarding Restrictions On Excavation Permitting

Washington Supreme Court Expands the Ability of Parties to Define How and When Construction Defect Causes of Action May Be Brought

Although Unlikely to be Immediately Adopted Elsewhere, A Recent Tennessee Decision Regarding an Owner’s Liquidated Damage Claim...

New N.C. Lien Laws Take Effect Next Week. Is Your Company Ready?

Pennsylvania Court Finds No Coverage for Construction Defect Claims Under General Liability Policies

The Importance of Contract Language

Connecticut Supreme Court Reaffirms State's Immunity from Statutes of Limitation

Pinnacle's Limited Impact On California Property Litigation

Construction Attorneys--You Can Now Check the Box!!

Coalition for Clean Air: Filing an NOE Before Project Approval Does Not Trigger CEQA's 35-Day Statute of Limitations

Latent Defects: extending the statute of limitations (law note)

Colorado News: Designation of Non-Parties at Fault in Construction Defect Cases is Not as Straightforward as it First Seems

Weekly Law Resume - May 17, 2012: Insurance Coverage – Contribution Action – Self Insured Retention

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

Construction Alert: NOTICE! Pending Changes to Pennsylvania's Mechanics' Lien Law

Focus on Real Estate – October 2011

Don’t Go Near the Water . . . Stymied by Congress, EPA and the Corps Issue New CWA Jurisdictional “Guidance”

New Jersey Makes Significant Amendments to Its Construction Lien Law

The 123s of Current North Carolina Lien Law: Issues for Owners

NC Lien Law Changes Ahead: Add Your Voice

Expand Your Reach