News & Analysis as of

Construction Defects

Patton Sullivan Brodehl LLP

The Growing Trend of Contractor Negligence Liability Despite Lack of Contract Privity

Historically, courts typically refused to impose liability for negligence in the performance of a contract unless the plaintiff was a party to the contract. Thus, whenever a contractor provided services at a particular...more

Porter Hedges LLP

Owners’ Rights Pursuing Claims Directly Against Subcontractors/Vendors

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In construction disputes, owners typically deal with defects within the scope of work of the subcontractor or vendor by pursuing claims directly against the general contractor. The owner, however, may consider pursuing claims...more

Rivkin Radler LLP

September 2024 Insurance Update

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In this month’s update, we discuss Russian-seized planes, Starbucks-caused traffic jams, a squabble over the use of a family name, a restaurant’s pandemic-based loss, a poorly built house, and whether insurance covers any of...more

Vinson & Elkins LLP

"Supreme Court Rules Most Collateral Warranties Are Not Construction Contracts" in Abbey Healthcare v Simply [2024] UKSC 23

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On 9 July 2024, the Supreme Court unanimously held that collateral warranties deriving from or reflective of the primary building contract, and merely promising continued construction, are not generally considered agreements...more

Awatif Mohammad Shoqi Advocates & Legal...

Facing Unrepaired Defects in Your Villa? Enforcing Your Rights Against the Contractor

When investing in real estate, particularly in villa projects, purchasers often rely on developers and contractors to deliver homes free from defects. However, issues may arise where defects remain unresolved despite...more

Cozen O'Connor

Claims Notes: September 2024

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Litigation arose over whether a suit for misrepresentation and breach of contract arising out of an easement triggered a Commercial General Liability (CGL) insurer's duty to defend. Internal confidential communications...more

White and Williams LLP

Not a Waiver for All: Maryland Declines to Apply Subrogation Waiver to Subcontractors

In Lithko Contr., LLC v. XL Ins. Am. Inc., No. 31, Sept. Term, 2023, 2024 Md. LEXIS 256, the Supreme Court of Maryland considered whether a tenant who contracted for the construction of a large warehouse facility waived its...more

Conn Kavanaugh

Residential Construction Projects: After Construction (Part 3)

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This article is part 3 of a series of articles discussing common considerations for homeowners before, during, and after a residential construction project. Part 3 focuses on what homeowners should look out for after...more

Smith Debnam Narron Drake Saintsing & Myers,...

Effective Strategies for Handling Construction Defect Claims

In 2022, North Carolina was bustling with new construction projects, ranking as the sixth highest state for newly built homes. With so much building going on, construction defect claims are bound to pop up. These claims can...more

Bricker Graydon LLP

[Hybrid Event] 22nd Annual Top Gun Construction Claims Seminar - October 24th, Dublin, OH

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Bricker Graydon's construction attorneys are proud to present "Top Gun," our premier Midwest construction claims seminar. This seminar will cover: - Important construction concepts, including key contract language, best...more

Miles Mediation & Arbitration

The Foundation of Your Case: Current Issues in Tennessee Construction Law

Construction law cases can involve a broad variety of issues, including breach of contract claims, construction delays, structural deficiencies/construction defect claims, environmental issues, and regulatory claims, among...more

Smith Debnam Narron Drake Saintsing & Myers,...

Five of the Most Common Construction Disputes that Require Construction Lawyers

Construction projects are often complex endeavors involving multiple parties, intricate contracts, and significant investments. Despite meticulous planning, disputes can arise, posing challenges that require legal expertise...more

Spilman Thomas & Battle, PLLC

The Site Report - Construction Industry Insights, Issue 7, July 2024

Welcome to our seventh issue of 2024 for our construction industry insights e-newsletter - The Site Report. In this edition, we address a range of construction issues from potential impacts to OSHA’s authority and issues...more

Carr Maloney P.C.

To Pay or Not to Pay “Rip and Tear” Damages

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Should a contractor’s Commercial General Liability (CGL) insurance policy cover the expense of uncovering defective work causing damage to the owner’s property as well as the costs of exposing or accessing damaged building...more

J.S. Held

The Three G’s: Geology, Groundwater, and Geometry in Origin & Cause Analyses

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Geotechnical practitioners are often focused on the “Three G’s”—namely geology, groundwater, and geometry. The interconnectedness of the Three G’s is responsible for fundamental aspects of the Earth’s composition and...more

Robinson+Cole Construction Law Zone

Water Alone is Not Property Damage Under a CGL Policy in Connecticut

The Connecticut Appellate Court recently provided guidance on what does not constitute property damage under a typical contractor’s Commercial General Liability (CGL) insurance policy in Westchester Modular Homes of Fairfield...more

Bennett Jones LLP

Duty Calls: BCCA Considers Duty of Care Owed by Structural Consultants to Building Owners

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Centurion Apartment Properties Limited Partnership v Sorenson Trilogy Ltd., 2024 BCCA 25 - The British Columbia Court of Appeal (BCCA) recently held that structural consultants have a prima facie duty of care to the owner...more

Adams and Reese LLP

Grace is (Almost) Gone – Florida Shortens Construction Defect Lawsuits to Seven-Year Window, Beginning July 1, 2024

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On July 1, 2024, the time frame to report construction defects in the state of Florida shifts from 10 years to seven years, as the grace period ends for Florida Senate Bill 360....more

Cozen O'Connor

Claims Notes: May 2024

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The steel contractor named the general contractor an additional insured on its CGL policy. The steel contractor's welds were defective. The general contractor retrofitted the named insured's defective columns before they...more

Bilzin Sumberg

The Grace Period for Viable Claims Filed After Florida Amended the Construction Statute of Repose is Set to Expire on July 1, 2024

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The grace period for claims that would have been viable under Florida’s 10-year statute of repose, but were no longer viable after Florida shortened the statute of repose to 7 years, is quickly approaching its expiration. On...more

Snell & Wilmer

Colorado Legislature Considers Pair of Bills Which May Impact Colorado Construction Defect Claims – What Homebuilders Need to Know

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The Colorado General Assembly is considering a pair of bills which would modify the liability and exposure of homebuilders in Colorado. HB24-1230: Protections for Real Property Owners, introduced in the House of...more

King & Spalding

Northern District of Texas Denies Summary Judgment to Lender on Fiduciary Duty Claim Based on Evidence of Excessive Control

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On February 6, 2024, the U.S. District Court for the Northern District of Texas, recognizing that a lender may assume a role of a fiduciary to a borrower in certain circumstances, denied a summary judgment motion by Wallis...more

Butler Weihmuller Katz Craig LLP

Scheduling, Compliance, and Liaison Tasks under the Professional Services Exclusion

Although a construction manager’s scheduling and liaison responsibilities do not require specialized training, such tasks may be sufficiently related to the actor’s other roles to be excluded from coverage under a liability...more

Hahn Loeser & Parks LLP

Beware Potential Hidden “Warranties” in Contract Documents

Warranties provided to project owners are often some of the most-negotiated provisions in a construction contract. What will the warranties cover? How can they be enforced? Perhaps most importantly: how long will they be...more

Otten Johnson Robinson Neff + Ragonetti PC

Proposed State Legislation Would Nearly Double the Statute of Repose under the Colorado Construction Defect Action Reform Act and...

While Colorado struggles with an ongoing housing supply deficit and potential buyers grapple with interest rate resistant prices and higher costs of borrowing, local and state governments are entertaining all kinds of...more

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