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Civil Remedies Construction

Read Civil Remedies updates, alerts, news, and legal analysis from leading lawyers and law firms:

California Supreme Court’s Unanimous Holding In Mcmillin Albany LLC V. Superior Court: Affirming Builders’ And Developers’ Right...

by Low, Ball & Lynch on

McMillin Albany LLC, et al., v. The Superior Court of Kern County, Respondent; Carl Van Tassel, et al., Real Parties in Interest - Case No. S229762; January 18, 2018 - This case decided whether common law actions...more

Setting Aside Certificates for "Manifest Error"

by White & Case LLP on

In a judgment delivered last month, the English Court of Appeal considered the circumstances under which completion certificates under a PFI contract could be set aside for "manifest error". The concept of "manifest error"...more

Hazardous Substances/Bodily Injury Claim: New York Court Addresses Potential Liability of Engineering Inspection Subcontractor

The Supreme Court (Appellate Division) New York addressed in a March 7th decision whether a lower court properly granted summary judgment to a subcontractor performing engineering inspection services on a highway construction...more

“Good Faith” May Not Be Good Enough: California Supreme Court to Decide When General Contractors Can Withhold Retention

It is industry standard in California for owners of a construction project to make monthly payments to a contractor for work it has completed, less a certain percentage that is withheld as a guarantee of future satisfactory...more

California’s Right To Repair Act Is The Sole Remedy For Damages For Construction Defects In New Residential Construction

by Snell & Wilmer on

The California Supreme Court ruled in McMillin Albany LLC et al. v. The Superior Court of Kern County, (1/18/2018) 4 cal. 5th 241, that California’s Right to Repair Act, California Civil Code sections 895 et seq. (“Act”) is...more

You Make A Better Wall Than A Window: Why Policyholders Can Rest Assured That Insurers Should Pay Legal Bills For Claims With...

by Newmeyer & Dillion LLP on

Unfortunately, policyholders, such as manufacturers and contractors, routinely face the unnecessary challenge of how to access all of the insurance coverage which they have purchased. Frequently, the most pressing need is to...more

When Calculating Lien Periods, it’s Convenient to be Prevenient

by Field Law on

Are you out of time to register your lien? It depends! Under section 41 of the Builders’ Lien Act (the “BLA”) a lien must be registered within 45 days (or 90 days for an oil or gas well or well site) after the last day...more

Part 2: Unpaid Subcontractors Beware

by Bennett Jones LLP on

The Supreme Court’s Decision in Valard - On September 14, 2016, we published Unpaid Subcontractors Beware, which commented on the Court of Appeal's decision in Valard Construction Ltd v Bird Construction Company, 2016 ABCA...more

Mitigate Before you Litigate: Recovering Damages for Renovations Gone Wrong

by Field Law on

The Court will not always resolve a construction contract dispute against a contractor who clearly provided deficient work. If you have been wronged by a residential renovation that’s gone off the rails, or if you’re a...more

Top Developments – February 2017

by White and Williams LLP on

JP Energy Marketing, LLC v. Commerce & Industry Insurance Company, et al., No. 115285, 2018 Okla. LEXIS 11 (Okla. Feb. 5, 2018) - Oklahoma Supreme Court in a case of first impression authorizes an award of appeal-related...more

California Supreme Court Holds that the Right to Repair Act is a Homeowner’s Exclusive Remedy for Damages Arising from...

In McMillin Albany LLC et al. v. The Superior Court of Kern County (Van Tassel) [Case No. S229762], the California Supreme Court held that California Civil Code §§ 895 et seq. (the “Right to Repair Act”) provides the...more

Petrobras Court’s Denial of Plaintiffs’ Request for Confidential Treatment of Opt-Out Provisions Could Undermine the Settlement...

On Tuesday, February 6, 2018, United States District Judge Jed S. Rakoff denied class counsel’s request to file under seal three supplemental agreements to a $2.95 billion settlement in the Petrobras Securities Litigation,...more

Damages Limited by Proximate Cause

Jones, Skelton & Hochuli partner Jay Rosenthal and associate John Lierman recently obtained a favorable verdict after a four-day jury trial in Maricopa County Superior Court. The client, a supplier of concrete and...more

And the Winner Is . . . The Right to Repair Act!

Civil litigation attorneys often talk about “damages.” Because without damages . . . well . . . you’re out of luck....more

Builders' Right To Repair Pre-Litigation Affirmed as Exclusive Remedy By Supreme Court

by Selman Breitman LLP on

On January 18, 2018, the Supreme Court of California in McMillin Albany LLC et al., v. The Superior Court of Kern County (Supreme Court Case No. S229762, California Official Reports citation pending) unanimously held that the...more

California Supreme Court Holds the Right to Repair Act Provides Exclusive Remedy for Construction Defect Claims

by Wilson Elser on

On January 18, 2018, the California Supreme Court resolved 15 years of debate when it issued McMillin Albany LLC v. Superior Court, S229762 (2018) __ Cal.4th __. In a broadly worded decision, the Court unequivocally held that...more

Storm Water Enforcement: Mississippi Commission on Environmental Quality and Jackson County, Mississippi Solid Waste Management...

The Mississippi Commission on Environmental Quality (“MCEQ”) and Applewhite Recycling Systems LLC (“Applewhite”) entered into a December 20th Agreed Order (“AO”) addressing alleged violations of a storm water permit. See...more

California Supreme Court Affirms SB800 as Sole Remedy for Construction Defect Claims without Personal Injury

by Allen Matkins on

On January 18, 2018, the California Supreme Court affirmed an earlier appellate court decision holding that SB800 (Civil Code sections 895 through 945.5, the “Right to Repair Act”) is the "virtually exclusive remedy"...more

California Supreme Court Upholds SB800 As Exclusive Remedy, Disapproves Liberty Mutual

by Newmeyer & Dillion LLP on

N&D proudly announces that the California Supreme Court has unanimously agreed with our position and has ruled in support of the Right to Repair Act. The Supreme Court has spoken: The Legislature said what it meant, and...more

Client Alert: Florida Supreme Court Weighs in on CGL Carriers’ Duty to Defend Chapter 558 Claims

Since its enactment in 2003, Chapter 558, Florida Statutes (commonly referred to as Florida’s notice and opportunity to cure provision) has governed the pre-suit notice and opportunity to repair process between owners,...more

New York High Court Confirms No "Blanket Rule" on Reinsurance Limits

by Jones Day on

The Situation: This past month, the New York Court of Appeals considered whether New York law imposes a "rule of construction" or "strong presumption" that a reinsurance contract's limit of liability provision caps the...more

Appeal it All! Guarding Against Multiple, Independent Grounds

by Carlton Fields on

You’ve identified a killer issue for appeal, no doubt a winner. Congratulations! You still lose. How can that be? In Novum Structures, LLC v. Choate Construction Company, Inc., 698 Fed. Appx. 608 (11th Cir. 2017), the...more

Do Not Clean, Clean Dirt: Douglass v. Shamrock Paving, Inc.

On December 21, 2017, the Washington Supreme Court issued a decision interpreting the private right of action under Washington’s Model Toxics Control Act (“MTCA”), Douglass v. Shamrock Paving, Inc. The decision analyzes three...more

'Time at large' argument unsuccessful where contract contains broad extension of time clause

by White & Case LLP on

In the case of Severfield (UK) Ltd v Duro Felguera UK Ltd (No. 2) [2017] EWHC 3066 (TCC), the Technology and Construction Court (TCC) in England and Wales declined to find ‘time at large' under a construction contract where...more

Federal District Court in Virginia Holds That Prime Contractor’s Payment Bond Surety Cannot Rely on No-Damages-For-Delay Clause in...

by Pepper Hamilton LLP on

United States v. John C. Grimberg Co., Case No. 1:16-cv-991, 2017 U.S. Dist. LEXIS 173362 (E.D. Virginia, October 19, 2017) - John C. Grimberg (“Prime Contractor”) was awarded a contract (the “Prime Contract”) to design...more

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