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Construction Defects Construction Disputes Subcontractors

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

Lasher Holzapfel Sperry & Ebberson PLLC

Do I Have a Claim Against my Contractor? Prelitigation Notice Requirements for Residential Defect Claims in Washington

When faced with a residential construction defect problem—such as water intrusion, poor workmanship, or material/design deficiencies—Washington homeowners are often left wondering whether they have a claim, who is at fault...more

Shumaker, Loop & Kendrick, LLP

Florida Enacts Statute of Repose Reform Bill for Design and Construction Defects

On April 13, 2023, Governor Ron DeSantis signed into law SB 360 (Chapter 2023-22, Laws of Florida), which shortens the time period for bringing design and construction defect claims, clarifies the application of these time...more

Bradley Arant Boult Cummings LLP

Damages in Construction Claims: Are “Actual Costs” Actually Required?

The golden standard for the measure of damages in a construction case alleging defective or incomplete work are the actual costs of completion or repair. That is to say, if there is a breach (or multiple breaches) of quality...more

Spilman Thomas & Battle, PLLC

The Site Report - Construction Law Insights, Issue 6, 2022

Bridges, Natural Disasters and Liability - The Skanska Decision (Part 2) - In the last edition of The Site Report, we discussed the legal issues surrounding the damage caused by Skanska's construction barges to the new...more

Jaburg Wilk

Who is Entitled to “Notice” Under the Revised Purchaser Dwelling Act?

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As a construction defect attorney, I know I am not alone with the frustration in trying to interpret the confusing, ambiguous, and often times nonsensical language which comprises Arizona’s Purchaser Dwelling Act, promulgated...more

Haight Brown & Bonesteel LLP

Subcontractors Found Liable to Reimburse Insurer Defense Costs in Equitable Subrogation Action

In Pulte Home Corp. v. CBR Electric, Inc. (No. E068353, filed 6/10/20), a California appeals court reversed the denial of an equitable subrogation claim for reimbursement of defense costs from contractually obligated...more

Sheppard Mullin Richter & Hampton LLP

Court Finds That “Care, Custody Or Control” Exclusion Did Not Negate Coverage For General Contractor Who Shared Jobsite...

McMillin Homes Constr., Inc. v. National Fire & Marine Ins. Co., 35 Cal.App.5th 1042 (2019); Fourth Appellate District Court of Appeal, Division One, Case No. D074219 (June 5, 2019). McMillin Homes Construction, Inc....more

Saul Ewing LLP

Florida Appeals Court Saves General Contractor's Indemnity Provision

Saul Ewing LLP on

A recent decision by Florida’s Fifth District Court of Appeal on Florida’s "anti-indemnity" statute" is one that should catch the attention of lawyers who draft and negotiate construction contracts in Florida. ...more

Butler Weihmuller Katz Craig LLP

Timing is Everything: Defending Subcontractors Against Breach of Construction Contract Claims

Transfer of risk and liability are common occurrences in the field of construction. National builders often employ a single licensed general contractor to oversee the totality of its construction projects throughout the state...more

Troutman Pepper

Fifth Circuit Holds Settlement Proceeds Received by General Contractor From Subcontractors Constitute “Other Insurance” Which...

Troutman Pepper on

Satterfield & Pontikes Constr., Inc. v. United States Fire Ins. Co., 2018 U.S. App. LEXIS 21488 (5th Cir. Aug. 2, 2018) - This case arises out of an excess insurance provider’s refusal to cover damages incurred by the...more

Troutman Pepper

Virginia Supreme Court Holds That Subcontractors Did Not Waive Statute of Limitations, With The Result That The General Contractor...

Troutman Pepper on

Hensel Phelps Constr. Co. v. Thompson Masonry Contractor, Inc., et. al., No. 151780, 2016 Va. LEXIS 166 (Va. Nov. 3, 2016) - The dispute arose from the construction of a student health and fitness center at Virginia...more

Spilman Thomas & Battle, PLLC

It's Not the Crime, It's the Cover-Up: Equitable Estoppel in Construction Defect Claims

More than 20 years ago, the Watergate scandal taught us “it’s not the crime, it’s the cover-up” that does the damage. The ensuing decades have brought a steady stream of individuals and companies that had to learn the truth...more

Carlton Fields

Construction Case Law Update - September #2 2014

Carlton Fields on

FLORIDA FEDERAL CASES - - Contribution, Equitable Subrogation, and Breach of Contract – Insurer adequately alleged elements of contribution, equitable subrogation, and breach of contract claims in construction defect...more

Nossaman LLP

The Jury is Still Out On The Effectiveness Of The “Calderon Process”

Nossaman LLP on

The State of California implemented the “Calderon Process” almost two decades ago. The hope was this pre-litigation “mediation” process would lower the cost, and increase the likelihood of early settlement, of construction...more

Porter Hedges LLP

"Construction Alert" Texas Supreme Court Confirms Owners May Bring Negligence Claim Directly Against Subcontractors

Porter Hedges LLP on

Several cases have held that a homeowner cannot sue a subcontractor for defective work because the homeowner’s contract is with the general contractor and not the subcontractor. Those cases left it to the general contractor...more

Dickinson Wright

Homeowners Cannot Assert Claims Against Subcontractors For Breach Of Implied Warranty

Dickinson Wright on

Since 1979, Arizona courts have recognized an implied warranty of workmanship and habitability (“Implied Warranty”) regarding new home construction. Although a contractual relationship (“privity”) is generally required to...more

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