Civil Procedure Construction

Read Civil Procedure updates, alerts, news, and legal analysis from leading lawyers and law firms:
News & Analysis as of

Under Construction - December 2016

Welcome to the winter 2016 edition of our Under Construction newsletter. We hope your year has been good to your family, your company and you as we wrap up these remaining few weeks of 2016. A recent hot topic with...more

Torts – Premises Liability

Al Khosh v. Staples Construction Company, Inc. - Court of Appeal, Sixth Appellate District (October 26, 2016) - Under Privette v. Superior Court (1993) 5 Cal.4th 689, an employee of an independent contractor...more

Eighth Circuit Dismisses Interlocutory FCA Appeal for Lack of Jurisdiction

In this April 2016 decision, the Eighth Circuit held that it lacked jurisdiction to consider the appeal of a two-state agency seeking review of a denial of its motion for summary judgment. Below the two-state agency had...more

New York Court of Appeals Finds Question of Fact Where Plaintiff Sustained Electric Shock and Fell From Ladder

In Nazario v 222 Broadway, LLC, 2016 N.Y. LEXIS 3534 (N.Y. Nov. 21, 2016), plaintiff was performing electrical work as part of a retrofitting or renovation, and was reaching up while standing on the third or fourth rung of a...more

New Pre-Action Protocol for Construction and Engineering Disputes

The Pre-Action Protocol for Construction and Engineering Disputes (PAP) was introduced to encourage disputing parties to exchange information and meet to discuss, and hopefully narrow, the issues before starting court...more

How to enforce adjudication decisions and deal with insolvency

Adjudications on the increase - Anecdotal evidence suggests that adjudications are still on the increase. This increase is supported by the statistics in the Adjudication Society's 15th report, which shows a 5 per cent...more

Court rejects contractor’s mechanic’s lien because of ‘intent’

The Illinois Court of Appeals’ recent decision in AUI Construction Group, LLC v. Vaessen highlights the need for careful planning in structuring development agreements, construction contracts, and the use of an easement as...more

Court Grants Default Judgment Confirming Arbitration Award, With A Lesson On Jurisdiction

Choice Hotels filed an application to confirm an arbitration award of over $247,000 for the alleged breach of a franchise agreement by two defendants, which failed to timely commence construction of a hotel. The defendants...more

Montana Supreme Court Holds Co-Insurer Breached Duty to Defend

In its recent decision in J & C Moodie Properties, LLC v. Deck, 2016 MT 301 (Mont. Nov. 22, 2016), the Supreme Court of Montana had occasion to consider what constitutes a breach of an insurer’s duty to defend in a...more

Virginia Supreme Court Undermines Effectiveness of Flow-Down Provisions in Construction Agreements

The Supreme Court of Virginia recently held in a construction case that typical flow-down provisions found in subcontracts are insufficient to pass through to the subcontractor, a general contractor’s waiver of...more

Evaluating a Project’s “Exacerbation” on Existing Environmental Hazards

Substantial Evidence Proving “Exacerbation” Required, California Appellate Court Says - A significant decision interpreting the scope of the California Supreme Court’s ruling in California Building Industry Association...more

Boards of Contract Appeals Will Prod Contracting Officers to Issue Final Decisions

The Armed Services Board of Contract Appeals (ASBCA) recently demonstrated that it is willing to help government contractors who are waiting many months for a contracting officer to issue a final decision on a pending...more

Ohio Court Reaffirms The Duty And Liability Of An Owner To An Independent Contractor Involving An Inherently Dangerous...

Ohio has long held that an independent contractor who undertakes a job that involves real or potential danger is owed no duty by the owners. The only exception to the rule is where the owner actively participates in the...more

New Appellate Ruling Increases Residential Builders' Exposure to Defect Liability in Illinois

Illinois law on the implied warranty of habitability (IWH) is continuously changing, and residential builders should take notice of a new opinion issued by the Appellate Court, First District, on October 26 in a construction...more

Construction Group News: What Happens in Mediation Stays in Mediation

The Massachusetts Appeals Court recently held that statements made by a party during mediation cannot be used later in a lawsuit to support a claim of fraud or similar claims. ZVI Construction Co. v. Levy, et al., 90 Mass....more

Sierra Pacific v. Bradbury goes unchallenged: Colorado’s six-year statute of repose begins when a subcontractor’s scope of work...

It’s official: the October 20, 2016 deadline to petition for certiorari to the Colorado Court of Appeals on its decision in Sierra Pacific Industries, Inc. v. Bradbury has passed, so it appears that decision will...more

Texas Federal Court Blocks Enforcement of Key Portions of Fair Pay and Safe Workplaces Rules

A U.S. District Court Judge has ordered a nationwide preliminary injunction blocking the labor law violation disclosure requirements and restriction on use of arbitration agreements portions of the Fair Pay and Safe...more

Nationwide Injunction Issued Against Fair Pay and Safe Workplaces Reporting Requirements and Arbitration Agreement Restrictions

Late Monday evening, just before the FAR Final Rule and DOL Guidance on the Fair Pay and Safe Workplaces Executive Order (FPSWP) were set to take effect, a federal district judge in Texas enjoined the implementation of the...more

North Carolina Federal Court Holds That Arbitration Clause Requiring Panel To Render A Decision Within 30 Days Is Not...

In July, a federal court in North Carolina held that an arbitration provision which required the arbitration panel to reach a decision within thirty days of their selection was not unconscionable. Arising out of a dispute...more

Third Circuit Rejects Contractor’s Challenge To Arbitral Jurisdiction Based On Failure To Comply With Agreement’s Procedural...

The Third Circuit affirmed a lower court’s ruling against a contractor challenging an arbitrator’s authority in ordering payment of delinquent contributions to employee benefit funds. Plaintiff (“Nolt”) signed a Project Labor...more

Fair Pay and Safe Workplaces Rules ‘Misguided,’ ‘Unlawful’ and Must be Blocked, Says Texas Lawsuit – TRO Hearing Scheduled for...

Several large construction and security industry groups have filed a lawsuit in the U.S. District Court for the Eastern District of Texas to block the heavily criticized Fair Pay and Safe Workplaces Executive Order 13673 and...more

District Court Refuses To Bind Surety To Subcontract Arbitration Clause

An engineering company was hired to perform work in connection with construction and renovation of the South African Embassy, and subcontracted for sheet metal work with a third party. The subcontract contained an arbitration...more

CSST Found to Be Ordinary Building Material under Virginia’s Statute of Repose – For a Second Time

In a recent decision, the Circuit Court for Spotsylvania County, Virginia, found that OmegaFlex, a manufacturer of corrugated stainless steel tubing (CSST), which is used in residential gas supply systems, was entitled to the...more

SOPA takes a backseat: The role of cross-demands in setting aside statutory demands issued pursuant to judgments made in terms of...

The High Court has ruled that a statutory demand based on a judgment pursuant to an adjudication determination made under the Building and Construction Industry Security of Payment Act (SOPA) can be set aside on the ground...more

Premises Liability

Victor M. Regalado v. Jeffrey M. Callaghan - Court of Appeal, Fourth Appellate District (September 22, 2016) - Generally, when employees of independent contractors are injured in the workplace, they cannot sue the...more

1,006 Results
|
View per page
Page: of 41

Follow Civil Procedure Updates on:

JD Supra Readers' Choice 2016 Awards

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×