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Construction Project Design Defects Construction Industry

MG+M The Law Firm

Massachusetts Supreme Judicial Court to Address the Application of the Statute of Repose to Contractual Indemnification Claims

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An issue of great importance to all construction project parties, including design professionals and contractors, is pending before the Massachusetts Supreme Judicial Court (SJC). In the matter of Trustees of Boston...more

J.S. Held

Exploring Wood-Framed Roof Collapses: Causation and Identifying Responsible Parties

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AN OVERVIEW OF THE CAUSES OF ROOF FAILURE - Collapses of wood-framed roofs are frequently reported in North America, ranging from simple agricultural roofs to complex roofs in industrial buildings. Controllable factors...more

Frantz Ward LLP

The Design Liability Hot Potato: The Spectrum Between Collaboration and Delegated Design

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The Benefits of Collaboration - In today’s construction industry, it is no secret that there is always increasing pressure to speed up schedules and to keep costs down. One key factor that can help achieve these goals is to...more

Bradley Arant Boult Cummings LLP

Emergency Arbitration Proceedings and How They Relate to Construction Disputes

A recent win by a team of Bradley construction attorneys highlighted the role emergency arbitration proceedings can play in a dispute subject to an arbitration agreement.  The ongoing case involves the design and construction...more

Holland & Knight LLP

Texas Contractors No Longer Bear Risk for Defects in Owner-Furnished Designs

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The Texas Legislature recently passed a new law concerning owner-furnished designs for construction projects, thereby overturning more than 100 years of precedent in Texas previously holding that contractors bore the risk of...more

Miller Nash LLP

Owner’s Design Defects Can Excuse Contractor’s Own Defective Performance

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Generally, the implied warranty of the adequacy of the plans and specifications, also known as the Spearin Doctrine, allocates risk to the owner for any defect in the design of the project. This influential federal decision...more

White and Williams LLP

Utah Digs Deep and Finds “Design Defect” Includes Pre-Construction Geotechnical Reports

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The Supreme Court of Utah recently found that an incorrect pre-construction geotechnical engineering report is a “defective design.” Thus, actions arising from an incorrect geotechnical report are appropriately governed by...more

Tarter Krinsky & Drogin LLP

Law Brief®: David Pfeffer and Richard Schoenstein Discuss the Legal Implications of Infrastructure Collapses

On the latest Law Brief® episode, David Pfeffer, Partner and Chair of the Construction Practice, joins Host Richard Schoenstein to discuss the legal implications of building collapses, and more common partial collapses. David...more

Moritt Hock & Hamroff LLP

The Relevance Of The Spearin Doctrine In An Increasingly Design-Build World

Prior to the U.S. Supreme Court's decision in United States v. Spearin, 248 U.S. 132 (1918), virtually all construction risk was borne by the contractor, except for (i) express carve-outs set forth in a contract or (ii)...more

White and Williams LLP

Massachusetts Court Holds Statute of Repose Bars Certain Asbestos-Related Construction Claims

Claims Arising Out of a Deficiency or Negligence in the Design, Planning, Construction and General Administration of Improvements to Real Property Among Those Affected. In Stearns v. Metropolitan Life Insurance Company, the...more

Bradley Arant Boult Cummings LLP

Federal Court Expresses Public Policy Concern Regarding Economic Loss Rule

In Prestress Services Industries of TN, LLC v. W.G. Yates & Sons Construction Co., 280 F.Supp.3d 908 (N.D. Miss. 2017), the United States District Court for the Northern District of Mississippi faced a “rather interesting...more

Troutman Pepper Locke

Bankruptcy Court Holds That “Economic Waste” Doctrine, As Adopted In Wisconsin, Prevented Owner From Recovering Costs To Repair...

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WTE-S&S AG Enters., LLC v. GHD, Inc., 2017 Bankr. LEXIS 2343 (Bankr. N. D. Ill. August 18, 2017) - This breach of contract dispute arises out of a contract to design and build a cow-manure digester on a farm in Wisconsin. ...more

Robinson+Cole Construction Law Zone

Tic Toc Tic Toc: The Clock Is Running on Construction and Design Claims by the State of Connecticut Beginning October 1, 2017

Our readers may recall that Public Act No. 15-28 was signed by the Governor back in 2015, subjecting the State of Connecticut and its political subdivisions to a statute of limitations for asserting actions and claims arising...more

Bradley Arant Boult Cummings LLP

The Spearin Doctrine Revisited: Penzel Construction v. Jackson R-2 School District

In a recent Missouri appellate decision, the court recognized and reaffirmed the Spearin Doctrine which provides that an owner impliedly warrants the adequacy of plans and specifications it provides to a contractor. In Penzel...more

Stinson LLP

Missouri Court Holds Public Owner is Liable for Issuing Defective Contract Documents

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Although the federal courts have followed the Spearin doctrine since 1918, it took Missouri just shy of a century to come on board. Under U.S. v. Spearin, it was held that when a government entity includes detailed...more

Buchalter

Spearin Doctrine: A Construction Case Described in A Tweet!

Buchalter on

I read in my Twitter feed this morning about a recent case where the Missouri Court of Appeals formally adopted the Spearin Doctrine. I immediately wondered if I could explain the Spearin Doctrine in less than 140...more

Troutman Pepper Locke

Federal Court Rules Spearin Doctrine Contractor Immunity for Defects in Owner's Design Includes Contractor's Failure to Warn Owner...

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The legal doctrine of implied fitness of design warranty, recognized by the U.S. Supreme Court, provides that a contractor bound to build according to plans and specifications prepared by an owner will not be responsible for...more

Troutman Pepper Locke

Fifth Circuit Holds That Spearin-like Provision of Louisiana Civil Code Bars Negligent Failure to Warn Claim

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LaShip, LLC v. Hayward Baker, Inc., 2017 U.S. App. LEXIS 3694 (5th Cir. Mar. 1, 2017) - Beginning in 2007, LaShip, LLC (“LaShip”) undertook the construction of a large shipbuilding facility in Houma, Louisiana (the...more

Troutman Pepper Locke

Fifth Circuit Considers Allocation of Risk of Defective Plans and Specifications in Reversing $1.29 Million Judgment Entered in...

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Dallas/Fort Worth International Airport Board v. INET Airport Systems, Inc., et al., 2016 U.S. App. LEXIS 6646, 819 F.3d 245 (5th Cir. Apr. 12, 2016) - This action arose out of a construction project in terminal E of...more

Robinson & Cole LLP

Connecticut Legislature Introduces Bill that Would Subject the State to a Statute of Limitations in Claims Against Design...

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The Connecticut Legislature recently introduced a bill that would subject the State to a ten year statute of repose for claims against design professionals for defective design and/or administration of construction projects....more

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