News & Analysis as of

Reversal Contractors

Steptoe & Johnson PLLC

Supreme Court of Appeals of West Virginia Rules on ‘Duty to Defend’ in Contractual Indemnification Provisions

On June 12, 2023, the Supreme Court of Appeals of West Virginia held in WW Consultants, Inc. v. Pocahontas County Public Service District and A-3 USA, Inc., Orders Construction Company, Inc., and Pipe Plus, Inc., No. 21-0485,...more

Rosenberg Martin Greenberg LLP

The Justices of the Supreme Court of Pennsylvania Disagree as to What Section 385 of the Restatement (Second) of Torts Means

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

Snell & Wilmer

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

Snell & Wilmer on

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

Perkins Coie

Completion of Construction Did Not Render Suit for Violation of Public Bidding Laws Moot

Perkins Coie on

A claim that a contract for construction of a school violated public bidding requirements did not become moot after construction was completed because effective relief — in the form of disgorgement of public funds paid to the...more

Pillsbury Winthrop Shaw Pittman LLP

Federal Circuit Revives Key Case Addressing Contractor’s Ability to Include Offsets in Measurement of CAS Change Impacts

Case remanded to Court of Federal Claims to clarify whether CAS Impact Calculation involving multiple unilateral changes may include contractor “offsets” Federal Circuit revives the question of whether the FAR 33.606...more

Carlton Fields

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

Carlton Fields on

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

Bradley Arant Boult Cummings LLP

Statutory Pre-Suit Notice Constitutes an “Action” Under Florida’s Statute of Repose - Construction and Procurement Law News, Q3...

Most states have statutes of repose, which define the date certain for parties to assert any and all claims for construction and design related issues, and provide a final cut-off for liability with respect to a project. For...more

Troutman Pepper

Kentucky Appellate Court Holds That a Contractor May Pursue Claim of Negligent Misrepresentation Against Architect Despite Lack of...

Troutman Pepper on

D.W. Wilburn, Inc. v. K. Norman Berry Assocs., No. 2015-CA-001254-MR, 2016 Ky. App. Lexis 206 (Ky. Ct. App. Dec. 22, 2016) - This case arose out of a construction project in which the Oldham County Board of Education...more

McGuireWoods LLP

10th Circuit Reverses Punitive Damages Against Property Owner Based on Use of “Reputable” Contractor

McGuireWoods LLP on

As we reported earlier this month, courts sometimes disregard the general rule of non-liability for the conduct of independent contractors, and allow liability to be imposed against principals — including for punitive damages...more

Pullman & Comley, LLC

Appellate Court Notes

Pullman & Comley, LLC on

Supreme Court Advance Release Opinions: SC19408 - NPC Offices, LLC v. Kowaleski - In this case, the Supreme Court reversed the Appellate Court. The Appellate Court had agreed with the Trial Court that a driveway...more

11 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide