Key Lease Work Letter Issues When the Landlord Is Doing the Work
Law Brief®: David Pfeffer and Richard Schoenstein Discuss the Legal Implications of Infrastructure Collapses
Contractual Notice Requirements: Do You Really Need Them?
Construction Defects: Lessons Learned
California Court of Appeal Opens Doors for Construction Defect Claims Outside of the Right to Repair Act
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
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
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
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
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
Will the English Courts always give effect to a mandatory, binding dispute resolution clause that includes ADR as a condition precedent to litigation? The decision in the recent case of Lancashire Schools v Lendlease serves...more
As a contractor, you are familiar with working together with subcontractors — delegating project scope as part of the overall job. However, when a subcontractor’s work is defective, who is liable for the damage?...more
This Article is Part 1 in a series of articles discussing common considerations that homeowners should look for before, during, and after a residential construction project. Part 1 focuses on arguably the most important...more
This paper emphasizes the significance of risk and dispute management during the lifecycle of a construction project, highlighting how the early detection of issues can contribute to successful project outcomes. It emphasizes...more
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
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
It’s a contractor’s worst nightmare: someone you haven’t heard from in ages, or ever, sues you, claiming a defect in the construction you performed years ago. But when is it too late to bring such a claim? You may think that...more
The Pennsylvania Supreme Court addressed whether a contractor bears the risk of future injuries regarding hidden (latent) defects in its work if an owner is also aware of a defect but chooses not to correct it. The City of...more
In Twigg v. Admiral Insurance Co.,[1] the Oregon Court of Appeals recently resolved an insurance coverage dispute arising out of a construction project. Two homeowners hired a contractor to build a new home. The homeowners...more
By: William L. Hallam The American Law Institute, a group of prominent judges, lawyers, and professors, publishes the Restatements of the Law. According to Brooklyn Law School, “The drafting process of the Restatements is...more
What is subrogation? Why am I being asked to waive it? Should I care? To answer that last question, let’s take a quick run at the first two. What Is Subrogation? “Subrogation” refers to the act of one person or party standing...more
In two separate decisions handed down last month, the Third Circuit Court of Appeals re-affirmed that, under Pennsylvania law, claims against contractors for faulty workmanship do not constitute an “occurrence” and are...more
In a February 15, 2023 decision in Twigg v. Admiral Insurance Company, the Oregon Court of Appeals held that an insurance company was not required to indemnify its insured based on a claim for breach of a repair agreement...more
The rule of thumb in Washington state has been that contractors and developers cannot be held liable in negligence for construction defects.However, an unpublished decision filed December 12, 2022, by the Washington Court of...more
On Thursday, April 13, 2023, Florida Governor Ron DeSantis signed Senate Bill 360 into law. This legislation alters the time period for bringing forward construction defect lawsuits, as well as modifies the current private...more
Legislation in Florida may soon change the time property owners have to file construction-related lawsuits. Both the Florida Senate, with SB 360, and the House of Representatives, with HB 85, passed identical bills and...more
Last October, Rumberger attorney Jason Bullinger and attorney Dan Webster at Daniel J. Webster, P.A. obtained a win for Florida contractors, engineers, and architects in Florida by persuading a Volusia County Circuit judge...more
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
A CGL policy typically defines “your work” as the work performed by or on behalf of the insured and the materials, parts, or equipment furnished in connection with such work. “Product-completed operations” coverage usually...more
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