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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

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

Conn Kavanaugh

Residential Construction Projects: Pre-construction Part 1

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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

Ankura

Navigating The Five Phases in the Lifecycle of a Construction Project

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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

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

Davis Wright Tremaine LLP

Oregon Court of Appeals Analyzes Insurance Coverage Issues in Construction Dispute

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

Bradley Arant Boult Cummings LLP

What happens when a “your work” exclusion collides with a “product completed operations” clause in a CGL policy?

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

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

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

Smith Debnam Narron Drake Saintsing & Myers,...

Court Of Appeals Clarifies That Expert Testimony Required in Nearly All Faulty Construction Cases

In a recent decision touching on many interesting issues, North Carolina’s Court of Appeals effectively determined that, in all but the most obvious cases, expert testimony is required to establish a failure to perform...more

Snell & Wilmer

The Washington Supreme Court Renders a Significant Decision on Application of the Spearin Doctrine for Washington Projects

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In September 2021, the Washington Supreme Court issued its decision in Lake Hills Investments, LLC v. Rushforth Construction Co., Inc., 198 Wash.2d 209 (2021). This case is significant because it establishes a comparative...more

Carlton Fields

Oklahoma Supreme Court Reverses Course: Finds Arbitration Clause Printed on Shingles’ Wrapping Did Not Bind Homeowner to Arbitrate

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A third-party contractor installed the defendant’s shingles on the plaintiffs’ roof. Subsequently, the plaintiffs filed suit for damages allegedly caused by the defendant’s faulty shingles and replacement of their roof. The...more

Bradley Arant Boult Cummings LLP

Sox Are ‘Slippery When Wet’: Contractor May be Liable for Injury Caused by Work Installed According to Customer Specifications

An Illinois appellate court recently addressed the scope of negligence liability for a slip and fall injury on a newly installed roof at the Chicago White Sox Stadium. In 2013, a maintenance employee slipped on the roof at...more

Troutman Pepper

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

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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

Polsinelli

Colorado Supreme Court to Rule on Yet Another Key Construction Defects Issue

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On July 5, 2016, the Colorado Supreme Court announced it will consider the construction defects case of Forest City Stapleton, Inc., et al. v. Rogers. In this case the Colorado Court of Appeals, for the first time, imposed...more

Robinson+Cole Construction Law Zone

Contractual Waiver of Subrogation Applied to Owner’s Non-Work Property

After an insurer pays for a covered loss by an owner under a property policy the insurer generally has the right, whether under the common law, statute or the policy itself, to seek recovery of the payment from the...more

Carlton Fields

Section 489.128 - Unlicensed Window Installation Contractor Avoids Construction Defect Claims Based On Florida's Statute Of...

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Florida’s Fifth District Court of Appeal recently considered a window installation contractor’s defense to a homeowners' construction defect claims based on the statute of limitations. The homeowners argued that the four-year...more

Bradley Arant Boult Cummings LLP

Contractor Authority Over Means and Methods

A central principle of construction contracts is that, where a contractor (a) commits to construct in accordance with plans and specifications (b) provided by the owner (c) in exchange for payment of a firm, fixed price, the...more

Bradley Arant Boult Cummings LLP

The Demise of the Economic Loss Rule in Construction Defect Litigation

The Massachusetts Supreme Court recently held in Wyman v. Ayer Properties, LLC, that the “economic loss rule is not applicable to the damage caused to the common areas of a condominium building as a result of the builder’s...more

Snell & Wilmer

Recent Developments in California Construction Law

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Notable 2014 Case Law - Liability for owners, developers, contractors, subcontractors, suppliers and design professionals - This year, California courts decided a variety of cases with important relevance to...more

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