Appeals, General Contractors, Contractors

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

Hanson Bridgett on 4/21/2025

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

First Circuit Rules on Important Coverage Issue for Contractors.

Conn Kavanaugh on 1/28/2025

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

Being Pressured to Perform Changes without Signed Change Order? It’s Time to Review Claim Procedures in the Contract

Snell & Wilmer on 11/14/2023

A recent unpublished opinion from the Washington Court of Appeals serves as a good reminder that contractors should carefully review their contract terms, especially when it becomes clear that there will be additional...more

The Saiber Construction Law Column: July/August 2022

Saiber LLC on 8/23/2022

The June 2022 edition of OnSite Magazine discussed the case of J&M Interiors v. Centerton Square Owners, which addressed a subcontractor’s right to be paid under New Jersey’s Prompt Payment Act (“PPA”). Several months after...more

Scottish appeal court says NEC is not a charter for contract breaking

BCLP on 1/18/2022

The September 2020 decision by the Scottish Court of Session in Van Oord UK v. Dragados UK [2020] CSOH 87, which has now been appealed. The dispute centred on the ability of Aberdeen Harbour expansion main contractor Dragados...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

Casting the First Stone: Contractors Considering Default Termination Should Examine Which Party Committed First Material Breach -...

Bradley Arant Boult Cummings LLP on 11/2/2018

During a construction project, circumstances may arise that lead a general contractor to consider termination of a subcontractor’s right to proceed under the subcontract. The Randy Kinder Excavating v. J.A. Manning...more

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

Bradley Arant Boult Cummings LLP on 10/31/2018

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

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

Troutman Pepper Locke on 2/23/2017

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

Alert to Contractors – California Court of Appeals (2d App. Dist.) Rules Subcontractor Price in Proposal Containing Material...

Troutman Pepper Locke on 7/28/2016

Flintco Pacific, Inc. v. TEC Management Consultants, Inc., 2016 Cal. App. LEXIS 594 (Cal. App. 2d Dist. June 21, 2016) - There was an important California decision published on July 19, 2016 (decided June 21, 2016)...more

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