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Design Defects Construction Disputes

Burr & Forman

When Is A Contractor’s Termination for Default Proper? When It Does Bad Things.

Burr & Forman on

Sometimes you “do” bad things.  Sometimes you “look like” you do bad things.  Just look at the difference between Bad-boy Jack and my youngest daughter, Haven, who just “looks like” she’s up to no good.  In the world of...more

Troutman Pepper

Arbitration By Estoppel: North Carolina Court Holds That Arbitration Clauses Bind Nonsignatories Who Seek To Enforce The Contracts...

Troutman Pepper on

Charlotte Student Hous. DST v. Choate Constr. Co., 2018 NCBC LEXIS 88 (N.C. Super. Ct. Aug. 24, 2018). This case arose from the construction of a student apartment complex known as Arcadia. The plaintiffs, Arcadia’s...more

Troutman Pepper

Bankruptcy Court Holds That “Economic Waste” Doctrine, As Adopted In Wisconsin, Prevented Owner From Recovering Costs To Repair...

Troutman Pepper on

WTE-S&S AG Enters., LLC v. GHD, Inc., 2017 Bankr. LEXIS 2343 (Bankr. N. D. Ill. August 18, 2017) - This breach of contract dispute arises out of a contract to design and build a cow-manure digester on a farm in Wisconsin. ...more

Snell & Wilmer

Is the Spearin Doctrine Still a Contractor’s Shield if the Contractor Followed the Plans and Specifications?

Snell & Wilmer on

United States v. Spearin, 248 U.S. 132, 39 S.Ct. 59 (1918) is almost 100 years old, and it is still one of the most oft-cited cases in a construction lawyer’s playbook. In numerous contested cases, Spearin has given...more

Cozen O'Connor

Pennsylvania Court Holds Defectively Designed Windows and Doors May Give Rise to an “Occurrence”

Cozen O'Connor on

On December 3, 2013, the intermediate Pennsylvania Court of Appeals decided Indalex, Inc. v. National Union Fire Ins. Co. of Pittsburgh, PA, and concluded that an “occurrence” under a commercial umbrella liability policy may...more

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