Construction Law › Civil Remedies › Personal Injury

Illinois Construction Site Accident Yields Unprecedented Award

Ronald Bayer fell off an iron beam while working on the construction site of an Illinois warehouse in 2007 and landed head first on the concrete 20 feet below. He sustained severe injuries: paralysis from the chest down and...more

Indiana Court of Appeals Upholds $14.5 Million Defamation Verdict

This week we discuss the Indiana Court of Appeals decision State Farm Fire & Casualty Co. v. Radcliff that upheld one of the largest verdicts – $14.5 million – ever obtained in a defamation case in United States history....more

Burr Alert: The Emperor’s New Economic Loss Rule

For years, litigating breach of contract cases in Florida meant having to struggle with the array of cases dealing with the Economic Loss Rule. In its simplest form, the Economic Loss Rule is a judicially created principle...more

Homeowners May Sue Design Professionals For Construction Defects

In Beacon Residential Community Association v. Skidmore, Owings & Merrill LLP (--- Cal.Rptr.3d ----, Cal.App. 1 Dist., December 13, 2012), a California court of appeal found that a homeowners association could seek damages...more

Pa. Superior Court Extends Protection of Implied Warranty of Habitability to Subsequent Purchasers of a Newly Constructed Home

For the first time, the Superior Court of Pennsylvania has extended the protection of the implied warranty of habitability to the second or subsequent purchaser of a newly constructed home in Conway v. The Cutler Group, 2012...more

Chinese Drywall Suit Settles for $80 Million

Plaintiffs in New Orleans have settled a lawsuit for $80 million against builders, suppliers and manufacturers who sold and installed defective drywall in houses across the south, ruining metal fixtures and causing health...more

The First Circuit Relies on the Plain and Unambiguous Language of the Policy to Deny Coverage

In Certain Interested Underwriters At Lloyd’s, London v. Perry Stolberg, ___F.3d ____, 2012 WL 1699931 (1st Cir. May 16, 2012), the First Circuit Court of Appeals affirmed the district court’s holding that the insurer was not...more

Rogers Towers: Florida’s Statute of Repose – Safely Afloat In Troubled Waters - U.S. Supreme Court Declines Review of Minnesota...

On May 29, 2012, the Supreme Court of the United States denied certiorari in one of the most interesting, albeit troubling, construction-related cases to make national headlines since United States v. Spearin, 248 U.S. 132...more

Attorney Fees Properly Awarded Where the Applicable Contract Authorizes An Award "In Any Dispute"

In Toro Enterprises Inc. v. Pavement Recycling Systems Inc., 2012 Cal. App. LEXIS 519 (Cal. App. 2d Dist. Apr. 9, 2012) the California Court of Appeal for the Second Appellate District reversed the trial court and granted...more

Oregon Court Holds General Contractor Not Performing Professional Services

In its recent decision in State Farm and Casualty Co. v. Lorrick Pacific, LLC, 2012 U.S. Dist. LEXIS 57922 (D. Ore. Apr. 24, 2012), the United States District Court for the District of Oregon had occasion to consider whether...more

11TH Circuit Upholds $1.7 Million Jury Verdict Against Carpenters Union for Illegal Secondary Boycott Campaign Against Non-Union...

The Southeastern Carpenters Regional Council mounted a campaign against Fidelity Interior in Atlanta, GA. The union sent letters to owners and general contractors warning them of adverse consequences if they used Fidelity, a...more

The Hett Impact: Residential Home Builders Beware

A new decision by the Kansas Supreme Court drastically alters the legal landscape for claims against residential home builders. David v. Hett, No. 98,416, Kan., (Kan. Dec. 30, 2011). Click here to read the full decision. The...more

Top 3 Take-Away Lessons for Engineers from the Sewage case (law note)

As we discussed yesterday, CH2M was held liable in negligence for the accidental death and other injuries sustained by workers at the Spokane wastewater treatment facility. Today, a few take-away lessons for design...more

Engineer: Immune or not in Sewer collapse? (Part 2) (law note)

When last we left off, the causes of the Spokane wastewater treatment disaster were revealed to be a combination of three things: 1) a blocked overflow pipe; 2) a malfunctioning monitoring system inside the digester; and 3) a...more

Is an Engineer ever immune from lawsuit? (Law note)

Can an Engineering firm be held liable in negligence despite provisions in a state law which allegedly gives design professionals immunity? That was the issue confronted recently by the Supreme Court in the state of...more

Duo of Appellate Decisions Provide Guidance on the Scope and Limits of NJ's Statute of Repose

Two recent decisions of the New Jersey Appellate Division, one published and the other unpublished, provide some much needed guidance on the scope and limitations of New Jersey’s statute of repose, N.J.S.A. § 2A:14-1.1 in the...more

Contractual Risk Shifting: Commercial Construction

If you are engaged in general contracting and think you have shifted the risk of non-payment by the owner to your subcontractors you should review this article. At least in Texas, unless the contract makes it clear with...more

Weekly Law Resume - April 21, 2011: Bad Faith - Settlement - Reimbursement From Insured

American Modern Home Insurance Company v. Sohail Fahmian Court of Appeal, Fourth District (April 8, 2011) This case considered whether an insurer defending a personal injury action pursuant to a reservation of rights may...more

Weekly Law Resume - April 14, 2011: Torts - Independent Contractor Cannot Use Cal-OSHA Regulations To Establish Negligence Per Se

Kurt Iversen v. California Village Homeowners Association Court of Appeal, Second District (March 23, 2011) Under the negligence per se rule, a presumption of negligence arises from a defendant's violation of a statute...more

Weekly Law Resume - April 7, 2011: Hirer May Be Held Directly Liable For Independent Contractor's Injury Where Hirer Retained...

Jeffrey Tverberg v. Fillner Construction, Inc. Court of Appeal, First Appellate District, Division Four (March 25, 2011) In this case, the trial court granted summary judgment to Fillner Construction, Inc. ("Fillner")...more

Developer Lawsuit Prevents Sale

In the first few years of a newly created condominium corporation the owner elected board will try to resolve issues dealing with building deficiencies, the developer's warranties and representations made in disclosure...more

Economic Loss in New York Construction Litigation

The economic loss doctrine preserves the basic distinction between tort and contract in construction litigation. A construction project involves complex relationships between numerous parties, such as the owner, architect,...more

The Year 2010 In Review: Design And Construction Defects Litigation

This article is the first in a series summarizing construction law developments for 2010. 1. Centex Homes v. Financial Pacific Life Insurance Co., 2010 U.S. Dist. LEXIS 1995 (E.D. Cal. 2010) After settling numerous...more

Eight workers burned in power plant fire get sizeable settlement

"I just remember the vivid images of when I was burned, when I looked at myself in the ambulance," said 24-year-old Alex T. of the industrial accident two years ago that left him with deep burns over 65 percent of his...more

Jones et al v. Daimler Chrysler Corporation

Supreme Court Peremptorily Reverses Subcontractor's Personal Injury Claim Against Property Owner

The Supreme Court peremptorily reversed the Court of Appeals decision, finding that it lacked "legal and factual merit". This was a case in which a subcontractor / independent contractor alleged premises liability against...more