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Appellate Courts › Construction Industry

Clark Hill PLC

California’s Fourth Appellate District provides much-needed clarity for summary judgment motions

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In the landscape of California civil litigation, few procedural devices carry the weight, complexity, and consequence of a motion for summary judgment (MSJ). Governed by California Code of Civil Procedure § 437c (which sets...more

Bradley Arant Boult Cummings LLP

Court Affirms $1.6B Judgment in Bahamas Mega Project Dispute

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A New York appeals court has affirmed a $1.6 billion award for the developer of a Bahamas mega project against various subsidiaries of China State Construction Engineering Corporation, the world’s largest construction company...more

Offit Kurman

Future of Pennsylvania’s Construction Statute of Repose Hinges on Pennsylvania Supreme Court Ruling

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The Pennsylvania Supreme Court will decide a pivotal case that could significantly impact the construction industry and the application of the state’s construction Statute of Repose. Aloia v. Diamant raises key questions...more

MG+M The Law Firm

US Appeals Court Upholds No CGL Coverage for General Contractor for Subcontractor's Defective Work

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On November 8, 2024, the US Court of Appeals for the First Circuit (the Court) issued a decision in the matter of Admiral Insurance Company, et al. v. Tocci Building Corporation, et al., No. 22-1462 (1st Cir. 2024). The...more

Vinson & Elkins LLP

"Supreme Court Rules Most Collateral Warranties Are Not Construction Contracts" in Abbey Healthcare v Simply [2024] UKSC 23

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On 9 July 2024, the Supreme Court unanimously held that collateral warranties deriving from or reflective of the primary building contract, and merely promising continued construction, are not generally considered agreements...more

Marshall Dennehey

Competent, Substantial Evidence Is the Name of the Game in Construction Disputes

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Q.D.S. Development, Inc. v. National Lining Systems, Inc., 2024 WL 357984 (Fla. 3d DCA Jan. 31, 2024) - It is common in construction disputes between sophisticated parties for the parties to agree to engage in a bench trial,...more

Troutman Pepper Locke

Pennsylvania Appellate Court Clarifies Recovery and Service Requirements of Mechanics’ Lien Law

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The Superior Court of Pennsylvania concluded 2023 by issuing two opinions that clarify (1) the costs recoverable under the Lien Law and (2) the requirements for perfecting service of a lien claim. Two key takeaways are...more

Bradley Arant Boult Cummings LLP

Attacks on Contract’s Validity are Likely Insufficient to Overcome the Binding Effect of the Contract’s Arbitration Provision

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A recent opinion from the Court of Appeals of Georgia illustrates that contracts entered into with an unlicensed contractor, which are often unenforceable by an unlicensed contractor under many states’ laws, likely will not...more

Bradley Arant Boult Cummings LLP

Contractor Loses Effort to Bind Remote Home Purchaser to Arbitration Clause

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On December 8, 2020, in Taylor Morrison of Texas, Inc. v. Kohlmeyer, a Texas Court of Appeals rejected a contractor’s appeal of a trial court order denying the contractor’s motion to compel arbitration in a home construction...more

Perkins Coie

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

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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

Faegre Drinker Biddle & Reath LLP

Pennsylvania Appellate Court Rejects Application of the Statute of Repose in Effect in the State Where an Injury Occurred Under...

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The Pennsylvania Superior Court, the state’s mid-level appellate court, recently held in Kornfeind v. New Werner Holding Co., 2020 PA Super 266, that Pennsylvania’s “borrowing statute” applies only to foreign statutes of...more

Bradley Arant Boult Cummings LLP

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

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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

Pullman & Comley, LLC

Appellate Court Notes - Week of August 26, 2019, (SC 20131) Department of Transportation v. White Oak Corporation (Collateral...

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(SC 20131) Department of Transportation v. White Oak Corporation (collateral estoppel and statutory off-sets) - In this decision, the Supreme Court concluded that the State could reduce the amount of damages it was ordered...more

Pullman & Comley, LLC

Appellate Court Notes

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AC39565 - Carvalhos Masonry, LLC v. S&L Variety Contractors, LLC - Interesting case. After the conclusion of the evidence in the case, the trial judge urged the parties to settle and even recommended the amount. The...more

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