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Breach of Duty › Construction Contracts

Bradley Arant Boult Cummings LLP

Court Holds That Contractor Has Duty to Disclose Information Related to the Viability of Pass-Through Claims When Negotiating...

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A Utah federal court recently held that when negotiating a pass-through settlement agreement, a contractor has a duty to disclose information to its subcontractor regarding the viability of the claims to be passed through....more

BCLP

Renewable Energy Case Update 2022

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As we enter 2023, we reflect on 2022 as another dynamic year in the renewables and clean energy market. The Renewables and Clean Energy team at BCLP has undertaken a review of judicial decisions reported in 2022 involving the...more

Bradley Arant Boult Cummings LLP

Contractor’s Failure to Timely Submit Claims as Committed in Pass-Through Agreement Results in Direct Liability to Subcontractor...

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A recent opinion issued by a trial court in New York, Rad and D’Aprile, Inc. v. Arnell Construction Corp., demonstrates the risks of a general contractor’s failure to pursue a subcontractor’s claims pursuant to a...more

Troutman Pepper

Pennsylvania Appellate Court Affirms Homeowner’s Recovery Against Developer on Tort Claims, Despite Contract and Challenges Based...

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Dolan v. Hurd Millwork Co., No. 2951 EDA 2015, 2019 BL 229344 (Pa. Super. Ct. June 21, 2019) - This cases arises out of defective windows installed in a residential construction project. In 1999, Leo J. Dolan purchased a...more

Benesch

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

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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

Jaburg Wilk

Arizona Supreme Court Holds Contractual Liability Exclusion Does Not Apply to Breach of Duty to Reasonably Construct Home

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The Holding - In Teufel v. Am. Family Mut. Ins. Co., 244 Ariz. 383, 419 P.3d 546 (2018), the Arizona Supreme Court recently held that a Contractual Liability Exclusion in homeowner policies did not apply to a claim for...more

Bradley Arant Boult Cummings LLP

D.C. Court of Appeals Decision Covers Important Contracting Principles

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The D.C. Court of Appeals (the Court) recently issued a decision covering some important public construction contract principles, most notably notice, cost and pricing data requirements, and the implied duty of good faith and...more

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