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Conn Kavanaugh

Indemnity Lessons From Mass. Construction Defect Ruling

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In Trustees of Boston University v. Clough Harbour & Associates LLP, the Massachusetts Supreme Judicial Court considered anew whether a construction defect claim tendered under the terms of a bespoke contractual indemnity...more

Bradley Arant Boult Cummings LLP

Maintenance Obligations on a 30-Year-Old Project Let an Owner Sidestep Tennessee’s Statute of Repose

Bradley Arant Boult Cummings LLP on

In Tri-State Insur. Co. of Minn. a/s/o Campus Chalet, Inc. v. East Tennessee Sprinkler Company, Inc., the Court of Appeals of Tennessee recently addressed whether the state’s four-year statute of repose could shield a...more

ArentFox Schiff

SJC Expands Contractual Exception to the Massachusetts Statute of Repose

ArentFox Schiff on

On April 16, the Massachusetts Supreme Judicial Court (SJC), in Trustees of Boston University vs. Clough, Harbour & Associates LLP, held that contractual indemnification claims, arising from negligence, were not precluded by...more

White and Williams LLP

A Tort, By Any Other Name, is Just a Tort: Massachusetts Court Bars Contract Claims That Sound in Negligence

White and Williams LLP on

In University of Massachusetts Building Authority v. Adams Plumbing & Heating, Inc., 2023 Mass. App. Unpub. LEXIS 28, 102 Mass. App. Ct. 1107, the Appeals Court of Massachusetts (Appeals Court) considered whether the lower...more

Benesch

Ohio Supreme Court: All Claims for Defective Construction or Design Must Be Brought Within 10 Years of Substantial Completion

Benesch on

The Court’s decision in New Riegel Local School District Board of Education, et al. v. The Buehrer Group Architecture & Engineering, Inc., et al. interprets Ohio’s Statute of Repose,  which generally requires certain...more

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