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Breach of Contract › Construction Project › Negligence

MG+M The Law Firm

Massachusetts Supreme Judicial Court to Address the Application of the Statute of Repose to Contractual Indemnification Claims

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An issue of great importance to all construction project parties, including design professionals and contractors, is pending before the Massachusetts Supreme Judicial Court (SJC). In the matter of Trustees of Boston...more

Robinson+Cole Construction Law Zone

Rhode Island Closes One Bridge and May Have Burned Others with Ensuing Lawsuit

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The state of Rhode Island recently filed a lawsuit against 13 companies that provided design, construction, and inspection services over the past ten years (the extent allowed by the applicable statute of limitations) to the...more

Bradley Arant Boult Cummings LLP

Willful or Wanton Conduct Not Enough to Overcome Economic Loss Rule Says Colorado Court

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n Mid-Century Insurance Co., v. HIVE Construction, Inc., a Colorado court of appeals recently reversed the decision of a lower court that had refused to apply the economic loss rule to a negligence claim alleging wanton or...more

BCLP

Triple Point v PTT: UK Supreme Court also interprets a contractual cap on liability

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The UK Supreme Court recently handed down a highly anticipated judgment on the interpretation of clauses which pertain to liquidated damages and limitations on a contractor’s liability for damages. Most notably, the Supreme...more

White and Williams LLP

Virginia Molds Tort Versus Contract Law in New Home Construction Case

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Often times, both contract and tort claims co-exist in a subrogation matter and the line between the two can be blurred. This is especially true in the context of damages resulting from new home construction defect claims....more

Troutman Pepper Locke

North Carolina Federal District Court Dismisses Tort Claims Based on Same Duty and Breach Alleged in Plaintiff’s Contract Claims

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Precision Hydraulic Cylinders, Inc. v. Manufacturing. Technology, Inc., No. 7:18-CV-203-FL, 2019 BL 344743, 2019 U.S. Dist. LEXIS 156670 (E.D.N.C. Sept. 13, 2019) - Precision Hydraulic Cylinders, Inc. (“Precision”) issued...more

Troutman Pepper Locke

Federal Court in Louisiana Upholds Suspensive Condition Not Subject Solely to Owner’s Whim

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Team Contractors, LLC v. Waypoint Nola, LLC, No. 16-1131, 2019 BL 96133 (E.D. La. Mar. 20, 2019) - The Eastern District of Louisiana recently denied the motion of a prime contractor (the “Contractor”) for summary judgment...more

Nutter McClennen & Fish LLP

Alternative Demands for Relief Allowed in Burns Bridge Ruling

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Judge Kaplan’s recent ruling in the “Burns Bridge” litigation provides helpful guidance on the interplay between breach of contract and professional negligence claims....more

Troutman Pepper Locke

The Washington Court of Appeals Clarifies When the Statute of Limitations for a Negligence Claim Begins to Run Under the Discovery...

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Dep’t of Transp. v. Seattle Tunnel Partners, 2019 BL 36988, 2 (Wash. App. Div. 2 Feb. 05, 2019) - On January 8, 2019, the Court of Appeals for the State of Washington reversed and remanded in part a trial court’s grant of...more

Troutman Pepper Locke

Divided New York Court Of Appeals Holds That A Third Party Cannot Sue For Breach Of Contract Absent Express Language Naming Them...

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Dormitory Auth. of the State of NY v. Samson Constr. Co., 2018 N.Y. Lexis 218 (February 15, 2018) - The Dormitory Authority of the State of New York (“DASNY”) undertook, as project manager, to construct a facility for the...more

Troutman Pepper Locke

California Supreme Court Clarifies That “Right To Repair Act” Is Exclusive Remedy For Both Economic Loss And Property Damage...

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McMillin Albany LLC v. Superior Court, No. S229762, 2018 Cal. LEXIS 211 (Jan. 18, 2018) - Several homeowners (“Plaintiffs”) brought suit against developer/general contractor McMillin Albany LLC (“McMillin”) for alleged...more

Troutman Pepper Locke

Federal Court Holds That, Under Louisiana Law, a Contractor Need Not Show a Total Work Stoppage to Recover Extended Home Office...

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Team Contrs., L.L.C. v. Waypoint NOLA, L.L.C., No. 16-1131, 2017 U.S. Dist. LEXIS 162172 (E.D. La. Oct. 2, 2017) - Waypoint NOLA (“Waypoint”) was the owner of a hotel construction project in New Orleans (the “Project”). ...more

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