News & Analysis as of

Liability Construction Litigation

Vinson & Elkins LLP

URS v BDW – Supreme Court Hands Down Highly Anticipated Judgment

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Last week the UK Supreme Court handed down its highly anticipated decision in URS Corporation Ltd v BDW Trading Ltd [2025] UKSC 21. The judgment provided helpful clarification on the recoverability of remediation costs...more

Offit Kurman

How Long Is Too Long? What Statutes of Repose Mean for Your Liability Exposure

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How long are you on the hook for defects in a completed construction project? It’s a question that keeps many contractors and design professionals up at night—and for good reason. No project is flawless, and the duration of...more

Bradley Arant Boult Cummings LLP

Proportional Fault Indemnification Provisions Held Enforceable in Alabama

The Alabama Supreme Court found that an indemnification provision was enforceable that required a subcontractor to indemnify a general contractor on a proportional-fault basis against liability for death or personal injury. ...more

Saul Ewing LLP

AIA Releases Updated Design-Build Forms

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Earlier this year, the American Institute of Architects (“AIA”) released updated form contract documents for traditional design-build (“Traditional DB”) construction projects and introduced a new set of progressive...more

Hanson Bridgett

Taking Responsibility: Who’s At Fault? Lorenzo Court Says Everyone

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A recent court ruling raises questions and concerns over the scope of liability owners and contractors may face when a subcontractor's employee is involved in an off-site accident during the course of construction. ...more

Miles Mediation & Arbitration

Multi-Party Construction Mediations and How to Address Them

Multiparty construction mediations are often complicated due to the number of liability, causation, and damages issues. Whether the mediation occurs prior to litigation or after litigation is initiated, there are several...more

Davis Wright Tremaine LLP

Washington Court of Appeals Reaffirms General Contractors' Duty To Maintain Safe Jobsite

If a general contractor thinks its responsibility for ensuring a safe workplace extends only to its own employees, that belief is mistaken. In a recent case, the Washington Court of Appeals made clear that as long as a...more

Offit Kurman

Future of Pennsylvania’s Construction Statute of Repose Hinges on Pennsylvania Supreme Court Ruling

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The Pennsylvania Supreme Court will decide a pivotal case that could significantly impact the construction industry and the application of the state’s construction Statute of Repose. Aloia v. Diamant raises key questions...more

BCLP

Building Safety Act: New TCC Case on Building Information Orders

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Section 130 of the Building Safety Act 2022 (BSA) allows the High Court to make building liability orders (BLO) if it considers it just and equitable to do so.  Section 132 allows the court to make an information order to...more

Hogan Lovells

Knowledge is power – UK Building Safety Act: information orders and building liability orders

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The Technology and Construction Court has handed down judgment in BDW Trading Limited v Ardmore Construction Limited and others. The judgment confirms that, while a building liability order (which passes liability to an...more

BCLP

Building Safety Act: Application of the “just and Equitable” Test for Remediation Contribution Orders

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Section 124 of the Building Safety Act allows the First Tier Tribunal to make remediation contribution orders (“RCOs”) where it considers it “just and equitable” to do so....more

Conn Kavanaugh

First Circuit Rules on Important Coverage Issue for Contractors.

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First Circuit Court of Appeals Rules That Standard Commercial General Liability Policy Excludes Coverage for Downstream Property Damage When General Contractor’s Scope of Work Covers Entire Building - It is well-accepted...more

Mayer Brown

Legal Developments in Construction Law: January 2025

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1.  LEASEHOLDERS MOVE CLOSER TO BUILDING LIABILITY ORDER AGAINST SPV PARENT COMPANY - Under section 130 of the Building Safety Act the court can make a Building Liability Order against a company that was not responsible...more

Davis Wright Tremaine LLP

Uncharted Territory: Are Geotechnical Inspectors Liable to Non-Contracting Parties – Including Property Owners?

Historically in California, professional negligence cases were limited to parties who had contracted with each other. The theory was that if a professional didn't have a contract with the plaintiff, then the professional did...more

Saiber LLC

The Saiber Construction Law Column: December 2024

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The legal concept of “privity of contract” is a common law principle which provides that only parties directly involved in a contract can enforce its terms or be held liable for its obligations. This means that third parties...more

Mandelbaum Barrett PC

Preventing and Resolving Construction Disputes: Understanding Liability

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Construction projects involve many moving parts, and when things go wrong—such as defects or failures—it’s crucial to understand who may be liable. Whether you’re a contractor, designer, owner, or manufacturer, each party has...more

Snell & Wilmer

Caution: Penal Sum of Bond May Not Be the Limit

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A couple of years ago, a California court rendered an opinion that a surety is liable for attorney’s fees and costs even if the amount exceeds the penal sum of the bond. (Karton v. Ari Design & Constr., Inc.). This was...more

Bricker Graydon LLP

[Ongoing Program] Specific Claims – Unforeseen Site Conditions - October 21st, 12:00 pm - 12:45 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

Bricker Graydon LLP

[Webinar] Specific Claims – Unforeseen Site Conditions - October 22nd, 12:00 pm - 12:45 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

Troutman Pepper Locke

Federal Court in Louisiana Upholds Suspensive Condition Not Subject Solely to Owner’s Whim

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Team Contractors, LLC v. Waypoint Nola, LLC, No. 16-1131, 2019 BL 96133 (E.D. La. Mar. 20, 2019) - The Eastern District of Louisiana recently denied the motion of a prime contractor (the “Contractor”) for summary judgment...more

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