News & Analysis as of

Appeals Negligence Construction Industry

Marshall Dennehey

Court Affirms Labor Law § 240(1) Liability Despite Lack of Witnesses and Plaintiff’s Potential Comparative Negligence

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Mederos v. 147 Amsterdam (2025 NY Slip OP 01895 (237 AD3d 410) - The plaintiff was injured when he fell off a scaffold. However, there were no witnesses who saw him fall. Other workers heard a sound and then found the...more

Bradley Arant Boult Cummings LLP

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

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

Laughlin, Falbo, Levy & Moresi LLP

What Happens at Work Stays at Work? Bringing Covid-19 Home to Your Spouse

There is no question COVID-19 altered our existence as humans. Worldwide, the pandemic has touched all aspects of daily life. It is not surprising, then, that we are still seeing the ripple effects in the California Workers’...more

Smith Anderson

Coming to Construction Claims - The Collateral Source Rule

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In another significant opinion from the North Carolina appellate courts, the Court of Appeals recently expanded the application of the collateral source rule to negligence claims arising out of construction disputes in a case...more

Bradley Arant Boult Cummings LLP

Two Wrongs Don’t Make a Right: Unlicensed Contractors Can Pursue Designers for Negligence

The North Carolina Court of Appeals recently determined that a builder who fails to comply with state licensing requirements may still pursue a negligence claim against design professionals. In Wright Construction Services,...more

Bradley Arant Boult Cummings LLP

Kentucky Fried Claim: Contractor Preserves Immunity from Suit by Complying with Government Contract Specifications

Recently, in Cross v. L-M Asphalt Partners, Ltd., the Kentucky Court of Appeals upheld a contractor’s immunity from suit for negligence, where the contractor complied with the contract and construction specifications provided...more

White and Williams LLP

Virginia Molds Tort Versus Contract Law in New Home Construction Case

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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

Miller & Martin PLLC

Georgia Court of Appeals Holds That the Georgia Statute of Repose Is Applicable to Contractual Claims as Well as Negligence Claims

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In Southern States Chemical, Inc. v. Tampa Tank & Welding, Inc.,  2019 WL 5616691, the Georgia Court of Appeals recently held that the Georgia Statute of Repose (statute prohibits recovery of damages in construction cases to...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

Troutman Pepper Locke

Supreme Court Of Minnesota Holds Ventilator Motor Incorporated Into A Home’s HVAC System Qualifies As “Machinery” Excepted From...

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Great N. Ins. Co. v. Honeywell Int’l, Inc., No. A16-0997, 2018 Minn. LEXIS 236 (May 9, 2018) - This case arises out of a residential construction project and the installation of ventilators into a home’s HVAC system. ...more

Fisher Phillips

Employers Beware: Indiana Supreme Court Expands the Scope of the “Duty of Care” Owed to a Subcontractor’s Employees

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In light of a recent decision from the Indiana Supreme Court, Indiana employers—and construction companies in particular—should review their contracts and subcontracts to determine if they have unwittingly assumed a duty of...more

Carlton Fields

“Contractor?” I Do Not Think That Employers’ Liability Exclusion Means What You Think It Means

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Over the summer, this blog reported on how the Supreme Court of Pennsylvania managed to parse an employer’s liability exclusion to find that it did not exclude claims by employees of additional insureds. As the leaves started...more

Troutman Pepper

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

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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

Carlton Fields

Like Hats and Belt Buckles, Indemnity Agreements in Texas Must be CONSPICUOUS

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Earlier this month, the U.S. Court of Appeals for the Tenth Circuit held that Texas law allows an indemnity agreement to insulate a party from the consequences of its own, allegedly negligent conduct, but only if that feature...more

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