News & Analysis as of

Unfair or Deceptive Trade Practices Construction Industry

Adams and Reese LLP

Colorado’s Construction Industry Faces Risk from Controversial Consumer Protection Bill

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A controversial bill is making its way through the Colorado state legislature that threatens to unleash a flood of litigation that could have far-reaching consequences for the construction industry. House Bill 24-1014...more

Winstead PC

Arbitration for All: Texas Supreme Court Hands Down Two Big Wins for Developers and Builders Seeking to Enforce Arbitration...

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While it may seem evident that household members and subsequent purchasers bringing a construction defect claim are bound by the arbitration provision contained in the purchase and sale contract for the home, that was not the...more

White and Williams LLP

Massachusetts Court Clarifies Statute of Repose Trigger for Multi-Phase Construction Projects

In D’Allesandro v. Lennar Hingham Holdings, LLC, C.A. No. 17-cv-12567-IT, 2019 U.S. Dist. LEXIS 185874, the United States District Court for the District of Massachusetts recently discussed a case against a general contractor...more

Carlton Fields

Real Property & Financial Services Update: Week Ending August 16, 2019

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Real Property Update - Construction / Statute of Repose: the installation of an attic ladder is an improvement to real property; thus, the ten-year statute of repose of section 95.11(3)(c) applies - Harrell v. The Ryland...more

Bennett Jones LLP

Canada Ends Surtax on Certain Steel Imports but Launches Consultations on Other Protection

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Effective Monday, April 29, 2019, the Government of Canada discontinued its 25% provisional safeguard surtax imposed since October 25, 2018, on imports of concrete reinforcing bar, energy tubular products, hot-rolled sheet,...more

Porter Hedges LLP

Alert: "Supreme Court Of Texas Confirms Implied Warranties Are Not Just For Consumers"

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In Nghiem v. Sajib1, the Texas Supreme Court resolved a dispute amongst the Texas Courts of Appeal regarding implied warranty claims…sort of. The court primarily held that a plaintiff is not required to bring a claim for...more

Troutman Pepper

Can a Nonsignatory to an Arbitration Agreement Compel Arbitration by Estoppel? North Carolina Court of Appeals Says Yes — But Not...

Troutman Pepper on

Smith Jamison Constr. v. Apac-Atlantic, Inc., 2018 N.C. App. LEXIS 132 (N.C. Ct. App. Feb. 6, 2018) - General contractor APAC-Atlantic (“APAC”) hired Smith Jamison Construction (“Jamison”) as a subcontractor to perform...more

White and Williams LLP

Top Developments – February 2017

White and Williams LLP on

JP Energy Marketing, LLC v. Commerce & Industry Insurance Company, et al., No. 115285, 2018 Okla. LEXIS 11 (Okla. Feb. 5, 2018) - Oklahoma Supreme Court in a case of first impression authorizes an award of appeal-related...more

Troutman Pepper

Appellate Court Holds That The New Mexico Unfair Practices Act Applies To A “Services” Contract For The Construction Of A Home,...

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Fogelson v. Bozzone, 2017 N.M. App. LEXIS 58 (July 26, 2017) - In May of 2008, Wallen Development, LLC (“Wallen”) entered into a written agreement to construct and sell a new home to David and Corinne Fogelson...more

Brooks Pierce

NC Business Court On Arbitrability: Clear And Unmistakable

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You may have pondered over the question whether a Judge or an Arbitrator decides if a particular dispute is subject to an agreement to arbitrate. If you have wondered who makes that sort of decision, it's actually not an...more

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