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Construction Defects Contract Terms

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

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

Vinson & Elkins LLP

Transferring Project Design Risk

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Some construction industry commentators have urged a more integrated approach to design and construction, with equitable risk sharing and an effort to ensure that project design will benefit from the experience of companies...more

Bricker Graydon LLP

[Hybrid Event] 21st Annual Top Gun Construction Claims Seminar - October 19th, 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

Winstead PC

Arbitration for All: Texas Supreme Court Hands Down Two Big Wins for Developers and Builders Seeking to Enforce Arbitration...

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While it may seem evident that household members and subsequent purchasers bringing a construction defect claim are bound by the arbitration provision contained in the purchase and sale contract for the home, that was not the...more

Bricker Graydon LLP

A contractor's right to cure will extinguish

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In Deborah Pavlescak. v. Ohio Concrete Resurfacing, Inc., the parties executed an agreement for the resurfacing of the garage floor owned by Ms. Pavlescak with natural stone flooring. After Ohio Concrete Resurfacing, Inc....more

White and Williams LLP

A Tort, By Any Other Name, is Just a Tort: Massachusetts Court Bars Contract Claims That Sound in Negligence

In University of Massachusetts Building Authority v. Adams Plumbing & Heating, Inc., 2023 Mass. App. Unpub. LEXIS 28, 102 Mass. App. Ct. 1107, the Appeals Court of Massachusetts (Appeals Court) considered whether the lower...more

Bradley Arant Boult Cummings LLP

It’s a Family Affair: SCOTX Compels Non-Signatory Minor Children to Arbitrate Their Construction Defect Claims with Signatory...

A novel question arose over the past few years in residential construction law as to whether minors were subject to the contractual provisions in their parents’ purchase or construction contract. The contract typically has a...more

Snell & Wilmer

The Unwavering Un-waivable Implied Warranty of Workmanship and Habitability in Arizona

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The Arizona Supreme Court recently issued an opinion on the scope of the implied warranty of workmanship and habitability (the “implied warranty”) in contracts between homebuyers and builder/vendors that provides clear...more

Saiber LLC

The Saiber Construction Law Column: October 2022

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When it comes to contracts, New Jersey courts, like courts in other jurisdictions, enforce them according to their plain and ordinary meaning. So when a contract’s terms are clear, the court will enforce it as written....more

Miller Nash LLP

One-Year Limitation on Claims in Washington Are Unenforceable

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Today the Supreme Court of Washington issued a decision finding a contractual one-year limitation period in a construction contract unconscionable. The decision—Tadychs v. Noble Ridge—arose from the construction of a custom...more

White and Williams LLP

Public Policy Prevails: Homebuilders and Homebuyers Cannot Agree to Disclaim Implied Warranty of Habitability in Arizona

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In Zambrano v. M & RC II LLC, et al., 2022 Ariz. LEXIS 309, the Supreme Court of Arizona held that a homebuilder and homebuyer could not waive or disclaim the implied warranty of workmanship and habitability. While the court...more

Saiber LLC

The Saiber Construction Law Column: September 2022

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In New Jersey, the “economic-loss doctrine” bars tort claims when the plaintiff’s only damages are economic in nature because, when parties enter into a contractual relationship, a contractual remedy flows from contract, not...more

Smith Anderson

Construction Project Participants Face Differing Time Limits for Claims as NC Court of Appeals Interprets Definition of...

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The North Carolina Court of Appeals recently issued a decision in Gaston County Board of Education v. Shelco, LLC, et al that has the potential to significantly impact the time limits for claims on construction projects....more

Burr & Forman

Feeling Rejected? MA Court Construes for the First Time the Provisions of the Prompt Pay Act

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In life, rejection is often hard to swallow.  In construction, that rejection can sometimes amount to millions of dollars.  A Massachusetts court recently held that an owner’s rejection of the contractor’s payment...more

Weintraub Tobin

Overlooked Provisions when Negotiating Purchase and Sale Contracts

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In protracted contract negotiations, many clients become dismayed when a deal they thought had been agreed in a letter of intent is suddenly the subject of contentious exchanges between the parties and their counsel. The...more

Miller Nash LLP

Warranty vs. Correction Period: What's the Difference Between These Clauses?

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Chances are that if you’ve ever read an industry-standard construction contract, you’ve noticed that for a period of time after substantial completion of the project (usually 12 months), the contractor is required to come...more

Bricker Graydon LLP

[Ongoing Program] Specific Claims – Defective and Non-Conforming Work - November 4th, 12:00 pm - 1:00 pm EST

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19th Annual Top Gun Premier Midwest Construction Claims Webinar Series - Bricker & Eckler's construction attorneys are proud to present "Top Gun," our premier Midwest construction claims webinar series. This free event...more

Butler Snow LLP

A New Determination of Design Defect Liability for Texas Contractors

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On September 1, 2021, Texas S.B. 219 went into effect. This new law incorporates Chapter 59 into the Texas Business and Commerce Code. In short, when a client provides plans or specifications containing design defects to a...more

Bilzin Sumberg

The Aging Condo Conundrum: Are Terminations the Answer?

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The tragic collapse of the Champlain Tower South Condominium brought a renewed sense of urgency to older condominiums facing a difficult dilemma: spend significantly on restoration, or accept the risks involved with living in...more

Bilzin Sumberg

Trial Court Order Enforces Condominium Declaration’s Pre-Suit Mediation and Arbitration Provisions

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Analysis of Coach Homes II at Gran Paradiso Condominium Association, Inc. v. Lennar Homes, LLC et al, Amended Order Granting Motion to Dismiss or Stay, No. 20 CA 003307 NC (Fla. 12th Cir. Ct. June 28, 2021)....more

Bradley Arant Boult Cummings LLP

Contractor Loses Effort to Bind Remote Home Purchaser to Arbitration Clause

On December 8, 2020, in Taylor Morrison of Texas, Inc. v. Kohlmeyer, a Texas Court of Appeals rejected a contractor’s appeal of a trial court order denying the contractor’s motion to compel arbitration in a home construction...more

Farrell Fritz, P.C.

Expect Careful Scrutiny of Contractually Shortened Statutes of Limitations

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The statutes of limitations set forth in the CPLR are default rules, and parties generally are free to modify default rules by agreement.  But statutes of limitations also further the important public interests, such as...more

Bricker Graydon LLP

[Webinar] Specific Claims – Defective and Non-Conforming Work - November 5th, 12:00 pm - 1:00 pm EST

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Bricker & Eckler's construction attorneys are proud to present "Top Gun," our premier Midwest construction claims webinar series. This free event will cover: - Important construction concepts, including key contract...more

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