Appeals, Construction Defects, Negligence

In Texas, a Certificate of Merit Must Address the Conduct of Each Defendant Specifically

White and Williams LLP on 4/22/2025

In Ryan Eng’g, Inc. v. Mond Homeowners Ass’n, Inc., No. 14-23-00960-CV, 2025 Tex. App. LEXIS 1681, the Court of Appeals of Texas (Court of Appeals) affirmed a trial court ruling denying the Motion to Dismiss of defendant Ryan...more

West Virginia Supreme Court Offers Guidance on Contractual and Implied Indemnity Claims

Bradley Arant Boult Cummings LLP on 10/24/2023

The West Virginia Supreme Court of Appeals recently reversed, in part, and affirmed, in part, a lower court decision regarding dismissal of contractual indemnity and implied indemnity claims. WW Consultants was the design...more

Liability in Washington: Who Pays for Construction Defects that Pose Safety Risks?

Davis Wright Tremaine LLP on 5/23/2023

The rule of thumb in Washington state has been that contractors and developers cannot be held liable in negligence for construction defects.However, an unpublished decision filed December 12, 2022, by the Washington Court of...more

Not All Damages Are Created Equal – the Proper Application of the Economic Loss Doctrine

White and Williams LLP on 1/23/2020

In William Lansing v. Doe, 2019 Ore. App. LEXIS 1564, the Court of Appeals of Oregon considered whether the Economic Loss Doctrine (ELD) applied to the plaintiff’s claims based on purportedly faulty construction work in a...more

Virginia Molds Tort Versus Contract Law in New Home Construction Case

White and Williams LLP on 1/21/2020

Often times, both contract and tort claims co-exist in a subrogation matter and the line between the two can be blurred. This is especially true in the context of damages resulting from new home construction defect claims....more

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

Bradley Arant Boult Cummings LLP on 3/22/2019

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

Texas Court of Appeals Holds that Economic Loss Doctrine Does Not Bar Building Owner’s Negligence Claims Against Geotechnical...

Troutman Pepper on 7/30/2015

USA Walnut Creek, DST v. Terracon Consultants, Inc. f/k/a HBC Engineering, Inc., 2015 Tex. App. LEXIS 1806 (Tex. App. 2015) - This cases arises out of the construction of a twelve building apartment complex in Austin...more

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