News & Analysis as of

Privity of Contract Construction Industry

Bradley Arant Boult Cummings LLP

Florida Courts Consider Control, Not Contractual Privity, for Negligence Claims Against Design Professionals - Construction and...

Though many states require a contractor to hold a contract directly with a design professional to pursue a claim against a designer for design omissions or defects, a recent case confirms that, in Florida, contractual privity...more

Bradley Arant Boult Cummings LLP

Endorsement Read to Require Privity of Contract between Policyholder and Additional Insured to Extend Coverage - Construction and...

A recent New York case highlights the importance of thoroughly analyzing all contract language in minimizing project risk. In Gilbane Bldg. Co./TDX Construction Corp. v. St. Paul Fire & Mar. Ins. Co., the Court of Appeals of...more

Troutman Pepper

Ohio Court of Appeals Rules That Architect’s Authority Does Not Extend to Advancing Payments to Subcontractors, and Architect’s...

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Manley Architecture Grp., LLC, v. Santanello, 2018 Ohio App. LEXIS 2372 (June 7, 2018) - Dr. Steven A. Santanello (“Santanello”) contracted with Manley Architecture Group, LLC (“MAG”) to design and manage the construction...more

Snell & Wilmer

Utah Still Thinks Privity of Contract is Important

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In recent years, a few law firms have made a cottage industry of enticing condominium home owners associations to sue the project developers over many issues, very often for alleged construction defects. Numerous homeowners’...more

Neal, Gerber & Eisenberg LLP

Beware of Blanket Additional Insured Endorsements That Require Contractual Privity

New York High Court Finds No Additional Insured Coverage In Absence of Contractual Privity With Named Insured - It is a common practice in the insurance industry for a project owner to require the general contractor to...more

Jones Day

Don't Sleep on This: New York High Court Addresses Scope of "Blanket" Additional Insured Endorsements

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The Situation: The issue of whether "blanket" additional insured endorsements require direct contractual privity with an insurance policy's "named insured" has received inconsistent treatment by U.S. courts. The...more

Troutman Pepper

No Privity, No Problem: Louisiana Court Of Appeals Holds That Project Manager Owes A Duty Of Professional Care To General...

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Lathan Co. v. State, No. 2016-CA-0913, 2017 La. App. LEXIS 2277 (La. App. 1st Cir. Dec. 6, 2017). On December 6, 2017, the Louisiana Court of Appeals, First Circuit, reversed and remanded the trial court’s decision to...more

Williams Mullen

Nonpayment of Subcontractors: Can Subcontractors Get Any Help From the Government?

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Although subcontractors lack privity of contract with the government customer and subcontract disputes generally are governed by local law, subcontractors do have some legal leverage to help them get paid....more

Troutman Pepper

In Dismissing Homebuyer’s Defective Construction Suit Against Contractor for Lack of Privity, Supreme Court of Utah Cautions...

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Tomlinson v. Douglas Knight Constr., Inc., 2017 Utah Lexis 132 (August 29, 2017) - This case arises out of the construction of a residential property. Lot 84 Deer Crossing (“Lot 84”) purchased the property and contracted...more

Seyfarth Shaw LLP

Are You Really An Additional Insured?

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Parties structuring transactions or business relationships often attempt to shift risk to their counter-party by having such party included as an additional insured on the counter-party’s insurance policies. In the real...more

Snell & Wilmer

Developing Issues in Utah Construction Defect Litigation

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Following the Utah Supreme Court’s decision in Davencourt at Pilgrim’s Landing Homeowners’ Association v. Davencourt at Pilgrim’s Landing, which clarified the law regarding the claims for which homeowner’s associations (HOAs)...more

Snell & Wilmer

Recent Developments in California Construction Law

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Notable 2014 Case Law - Liability for owners, developers, contractors, subcontractors, suppliers and design professionals - This year, California courts decided a variety of cases with important relevance to...more

Troutman Pepper

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

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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

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