Construction Litigation

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Federal District Court in New Jersey Holds that Economic Loss Rule Does Not Bar Contractor’s Tort Claims Against Architect Where...

The University of Medicine and Dentistry of New Jersey contracted HDR Architects and Engineers, P.C. (“HDR”) to design a medical school building. After the project went to bid, the Bedwell Company (“Bedwell”) contracted with...more

Governor Signs Bill Regulating Retainage on Private Construction Projects - The New Retainage Law Bolsters the Mass. Construction...

On Aug. 8, 2014, Gov. Deval L. Patrick signed into law "An Act Relative to Fair Retainage Payments in Private Construction." Massachusetts now joins numerous other jurisdictions in the regulation of retainage on private...more

California Law Restricting Non-Licensed Contractors’ Right to Recover for Unpaid Services Does Not Apply to Miller Act Claims

In a recent decision, the federal appellate court encompassing nine western states and two Pacific island jurisdictions held that a California law restricting the right of non-licensed contractors to recover for unpaid...more

Policyholders Must Be Vigilant for Construction Defect Exclusions, Including For Impaired Property to Combat Insurance Companies’...

Continuing the most recent trend in coverage litigation, insurance companies are increasingly engaging “Big Law” firms to develop legal arguments for narrower interpretation of their policies when troublesome claims threaten...more

Iowa Court of Appeals Rejects Argument to Impose Implied Warranty upon Land Developers

On April 16, 2014, land developers and sellers breathed a sigh of relief after the Iowa Court of Appeals ruled that a purchaser of a residential building lot cannot sue the land developer for perceived deficiencies with the...more

Federal District Court in Pennsylvania Allows Negligence Suit Against Builder Despite Lack of Privity of Contract Between the...

A Federal Court in Pennsylvania has handed down a ruling that may expand the pool of potential plaintiffs in construction litigation. See AMCO Insurance Co. v. Emery and Associates, 926 F. Supp. 2d 634 (W.D. Pa. 2013). In...more

JAMS Global Construction Solutions Newsletter, Spring 2014

In This Issue: - Timing Is Everything: Balance Risk And Opportunity To Decide When To Mediate - Critical Issues For Parties To Consider When Selecting An Arbitrator - Obtaining Testimony And Documents From...more

Sometimes the Real Fight is Before the Fight

One of the things I learned while lobbying in Washington, D.C. is the importance of the House Rules Committee. The Rules Committee, as its name suggests, sets the rules. Specifically, the scheduling of bills, the allotted...more

Texas Supreme Court Holds “Contractual Liability” Exclusion Inapplicable

In a long and highly anticipated decision issued today, the Texas Supreme Court held that a standard “contractual liability” exclusion does not void coverage for claims alleging that a contractor failed to construct a project...more

The Wood Eating Fungus “Poria” is in Southern California!

To Homeowners, Developers, Contractors, Architects, Engineers and Real Estate Professionals: If you are involved in the purchase, sale, management, construction or development of real property, you need to know about the...more

Third Circuit Requires Affidavit of Merit in Products Liability Case Against Residential Homebuilder

In a case of first impression, the U.S. Court of Appeals for the Third Circuit affirmed the dismissal of design defect claims against a residential homebuilder under New Jersey’s Product Liability Act when the homeowner...more

Property Valuation Topics: Fall 2013

In a rather prosaic case involving the measurement of damage to an automobile after an accident, the defendant who caused the accident sought to dismiss the plaintiff’s action because “her car [had] been fully repaired and...more

Rogers Towers: Are Delay Damages Lienable?

The old adage “time is money” is truer perhaps in the construction industry than anywhere else. Delays can cause significant economic damages for everyone involved on a construction project....more

Pull on your jeans: time for some Legal Wranglings (Law & Order: Hard Hat files Part 8)

Previously on Law & Order: Hard Hat files [chunk-chunk], we discussed how to know when a lawsuit is coming, how you will be sued, why you should not be your own attorney, and why documentation is key. We’ve also discussed...more

Public Entities' Discretion in Approving Construction Designs Strengthened - Recent Decision Rejects Adding Requirements for...

The California Court of Appeal recently held that one of the three elements needed to establish the design immunity defense -- discretionary approval -- may be established either by evidence of appropriate discretionary...more

Word of the Day: Litigious . . . As in U.S. Not Most Litigious When it Comes to Construction Disputes

The U.S., to many, is the poster child for litigiousness. Think woman sues fast food restaurant for serving hot coffee, think man sues beer company when beautiful women did not appear as in commercials, think man sues...more

Georgia Supreme Court Holds Defective Work Is An Occurrence

In Taylor Morrison Servs. v. HDI-Gerling Am. Ins. Co., 2013 Ga. LEXIS 618 (July 12, 2013), the Georgia Supreme Court addressed whether a construction defect claim constitutes an “occurrence” for purposes of satisfying the...more

Payment Bonds. Bonds For the Not So Criminally Inclined

I’m going to venture a guess that most of the readers of the California Construction Law Blog have not spent time in jail (or, at least, not much time there). And that when they think of bonds the first thing they think of is...more

Construction Law Insight: Important Change To Minnesota's Anti-Indemnification Law

In April, Governor Dayton signed into law legislation that promises to reduce litigation over indemnity claims by restricting the ability to require one party to insure another for the other's fault. ...more

Defendants in New Jersey Construction Case May Seek Contribution Credits for Fault of Co-Defendants Dismissed Under the 10-Year...

The New Jersey Supreme Court recently held that when claims against certain defendants are dismissed by virtue of the New Jersey 10-year statute of repose, fault may still be apportioned to the dismissed defendants under the...more

Can’t we all just get along? Mediation and settlement of the construction lawsuit (Law & Order: Hard Hat files Part 7)

Today, part 7 of our series on the Construction Lawsuit, Law & Order: Hard Hat files. At some point during the lawsuit (usually, but not always, after expert reports are produced), your lawyer may tell you the case is...more

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