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Construction Contracts Design Defects Construction Industry

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

Bradley Arant Boult Cummings LLP

West Virginia Supreme Court Offers Guidance on Contractual and Implied Indemnity Claims

The West Virginia Supreme Court of Appeals recently reversed, in part, and affirmed, in part, a lower court decision regarding dismissal of contractual indemnity and implied indemnity claims. WW Consultants was the design...more

Bradley Arant Boult Cummings LLP

Emergency Arbitration Proceedings and How They Relate to Construction Disputes

A recent win by a team of Bradley construction attorneys highlighted the role emergency arbitration proceedings can play in a dispute subject to an arbitration agreement.  The ongoing case involves the design and construction...more

Porter Hedges LLP

Two Key Takeaways from the 35th Annual Construction Law Conference in Texas

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Earlier this month, our firm was well-represented at the 35th Annual Construction Law Conference in San Antonio, Texas. As always, the conference presented great opportunities to visit with colleagues and other construction...more

Holland & Knight LLP

Texas Contractors No Longer Bear Risk for Defects in Owner-Furnished Designs

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The Texas Legislature recently passed a new law concerning owner-furnished designs for construction projects, thereby overturning more than 100 years of precedent in Texas previously holding that contractors bore the risk of...more

Miller Nash LLP

Owner’s Design Defects Can Excuse Contractor’s Own Defective Performance

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Generally, the implied warranty of the adequacy of the plans and specifications, also known as the Spearin Doctrine, allocates risk to the owner for any defect in the design of the project. This influential federal decision...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

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

Troutman Pepper Locke

Bankruptcy Court Holds That “Economic Waste” Doctrine, As Adopted In Wisconsin, Prevented Owner From Recovering Costs To Repair...

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WTE-S&S AG Enters., LLC v. GHD, Inc., 2017 Bankr. LEXIS 2343 (Bankr. N. D. Ill. August 18, 2017) - This breach of contract dispute arises out of a contract to design and build a cow-manure digester on a farm in Wisconsin. ...more

Troutman Pepper Locke

Fourth Circuit Affirms Dismissal of Contractor’s Complaint, Declining to Create ‘Ultra Vires’ or ‘Bias’ Exceptions to the...

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Balfour Beatty Infrastructure, Inc. v. Mayor and City Council of Baltimore, 2017 U.S. App. Lexis 7252 (4th Cir., April 25, 2017) - The United States Court of Appeals for the Fourth Circuit recently addressed whether the...more

Troutman Pepper Locke

Fifth Circuit Considers Allocation of Risk of Defective Plans and Specifications in Reversing $1.29 Million Judgment Entered in...

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Dallas/Fort Worth International Airport Board v. INET Airport Systems, Inc., et al., 2016 U.S. App. LEXIS 6646, 819 F.3d 245 (5th Cir. Apr. 12, 2016) - This action arose out of a construction project in terminal E of...more

Troutman Pepper

Court of Federal Claims Holds that Contractor’s Defense of Defective Specifications Is Not an Independent Claim Requiring...

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Total Eng’g, Inc. v. United States, 2015 U.S. Claims LEXIS 30 (Fed. Cl. Jan. 26, 2015) - The United States Army Corps of Engineers (the “Government”) awarded a contract to Total Engineering, Inc. (“Total”) for preliminary...more

Carlton Fields

Construction Case Law Update - January, 2015

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FLORIDA STATE CASES - Slavin Doctrine; Design Contracts - Under the Slavin doctrine, a subcontractor design company was not liable despite negligently designing intersection traffic lights that resulted in a fatal car...more

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