Personal Injury, Construction Law, Commercial Law & Contracts

New Laws Regarding Construction Defects

by Cronin, Fried, Sekiya, Kekina & Fairbanks on 5/9/2013

Have you been involved in an accident on a construction site in Hawaii? If so, a ruling from Hawaii’s Court of Appeals may be relevant. ...more

In Site Spring 2013

by Kevin Greene, Inga Hall, Jamie Olsen | K&L Gates LLP on 4/30/2013

Welcome to the Spring edition of In Site. This edition covers the following topics: - A brief overview of the “Jackson cost reforms” to civil litigation which came into force on 1 April 2013 - A note of the...more

Florida Property Owners: Be Aware Of This Procedure Before Filing A Construction Defects Claim

by Alex Figares, Adam F. Haimo | Bilzin Sumberg Baena Price & Axelrod LLP on 4/5/2013

One of the most frustrating events for a residential homeowner, or a commercial property owner, is the day that they find construction defects on their property. From that time forward, the steps that are taken by the...more

Construction E-Note - March 28, 2013

by Edward Brown, Nancy Carey, C. William Daniels, Jr., James McCarten, Anton Mertens, Bruce Rawls, Anna Scully, Peter C. Vilmos | Burr & Forman on 3/29/2013

In This Issue: - The Emperor’s New Economic Loss Rule - The Architect's Role in the Construction Project - USCIS Introduces New Form I-9 - Considering Construction Delivery Methods on Public Works - The...more

Burr Alert: The Emperor’s New Economic Loss Rule

by Peter C. Vilmos | Burr & Forman on 3/28/2013

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

Under Construction - March 2013

by Jason Ebe, Brett W. Johnson, Scott C. Sandberg, James J. Sienicki, Mary-Christine ("M.C.") Sungaila | Snell & Wilmer L.L.P. on 3/16/2013

In This Issue: - Letter From the Editor - Tips for Presenting, Analyzing and Resolving Delay and Impact Claims - The Ever-Shrinking Federal Budget: Preparing for Contract Cut-Backs - Colorado Court of...more

Is Defective Construction an “Occurrence”? The Answer Isn’t So Concrete Construction Defect Coverage Quarterly

by Aaron Mandel, Stevi Raab | Sedgwick LLP on 2/8/2013

One of the largest issues litigated in today’s construction defect coverage actions is whether defective construction constitutes an “occurrence” (and therefore, may be covered) under liability insurance policies. Standard...more

Weekly Law Resume - January 31, 2013: Construction Defects Premised on Negligent Design Theory

by Joseph Fenech | Low, Ball & Lynch on 2/4/2013

Beacon Residential Community Association v. Skidmore, Owings & Merrill, LLP Court of Appeal, First District (December 13, 2012) The First Appellate District reversed a judgment in favor of design professionals and...more

On the Horizon for 2013: Pennsylvania Courts Struggle with Insurance Coverage for Construction Defect Claims

by Douglas Cameron, Jay Levin, Traci Rea | Reed Smith on 1/31/2013

In 2012, Judge Wettick of the Allegheny County Court of Common Pleas issued two decisions that have the potential to significantly limit the insurance coverage available to Pennsylvania contractors and construction companies...more

Indemnity Agreement's Scope Included Contractual Liabilities To Third Parties

by David Johnson | Winstead PC on 1/15/2013

A court of appeals recently held that an indemnity agreement between an operator and a contractor placed the burden on the contractor to indemnify the operator for the operator's third-party indemnity obligations that arose...more

Insurance Coverage: January 2013

by Low, Ball & Lynch on 1/11/2013

There were no significant decisions of the Supreme Court related to coverage this past quarter. The Courts of Appeal have provided us with several more decisions on contribution and subrogation. The following are brief...more

Lack Of Factual Detail In Record Raised Issues Concerning Statute Of Limitations In Real Estate Transaction Lawsuit

by Schecter Law on 12/28/2012

In Xavier v. Leviev Boymelgreen Marquis Developers, LLC, 3D11-549(Fla. 3d DCA, Nov. 21, 2012), Maiko A. Xavier and Gricell B. Perez (“Plaintiffs”) sought review of the trial court’s dismissal with prejudice of their real...more

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

by Christopher Bender, Marc D. Brookman, David I. Haas | Duane Morris LLP on 12/12/2012

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

Weekly Law Resume - November 22, 2012: Construction Defect - The “Completed and Accepted” Doctrine and Architects’ Liability”

by Aaron P. Shapiro | Low, Ball & Lynch on 11/30/2012

Neiman v. Leo A. Daly Co. COURT OF APPEAL, SECOND DISTRICT (October 30, 2012) The “completed and accepted” doctrine prevents contractors from being held liable for injuries to third parties resulting from a condition...more

New Jersey Appeals Court Finds Contractor Personally Liable For Fraud In Failing To Pay Subcontractor

by Lowenstein Sandler LLP on 9/18/2012

The New Jersey Appellate Division recently issued an unpublished opinion involving the false certification by the principal of a general contractor of payments to a subcontractor. The ramifications of that conduct should be...more

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

by Sedgwick LLP on 6/5/2012

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

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

by Barger & Wolen on 5/23/2012

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

Washington Appellate Court Limits Liability for Personal Injury Claims Brought by Contractor’s Employee Against Landowners

by Sedgwick LLP on 5/16/2012

The Washington State Court of Appeals affirmed a summary judgment dismissal of a lawsuit filed by a landowner’s contractor’s employee for personal injuries that the plaintiff allegedly sustained while working on a...more

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Personal Injury › Construction Law › Commercial Law & Contracts

New Laws Regarding Construction Defects

In Site Spring 2013

Florida Property Owners: Be Aware Of This Procedure Before Filing A Construction Defects Claim

Construction E-Note - March 28, 2013

Burr Alert: The Emperor’s New Economic Loss Rule

Under Construction - March 2013

Is Defective Construction an “Occurrence”? The Answer Isn’t So Concrete Construction Defect Coverage Quarterly

Weekly Law Resume - January 31, 2013: Construction Defects Premised on Negligent Design Theory

On the Horizon for 2013: Pennsylvania Courts Struggle with Insurance Coverage for Construction Defect Claims

Indemnity Agreement's Scope Included Contractual Liabilities To Third Parties

Insurance Coverage: January 2013

Lack Of Factual Detail In Record Raised Issues Concerning Statute Of Limitations In Real Estate Transaction Lawsuit

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

Weekly Law Resume - November 22, 2012: Construction Defect - The “Completed and Accepted” Doctrine and Architects’ Liability”

New Jersey Appeals Court Finds Contractor Personally Liable For Fraud In Failing To Pay Subcontractor

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

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

Washington Appellate Court Limits Liability for Personal Injury Claims Brought by Contractor’s Employee Against Landowners

Oregon Court Holds General Contractor Not Performing Professional Services

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

Washington Court of Appeals Interprets the Phrase "Third Person" Under Definition of "Insured Contract"

Plaintiff Cannot Enforce an Award of Costs and Interest in 11580 Action

Termination of Contracts: A Balancing Act or the Tightrope over the Morgul Vale?

The Hett Impact: Residential Home Builders Beware

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

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