News & Analysis as of

Causation Construction Industry

A&O Shearman

All aboard the Good Faith Express, but mind the causation gap

A&O Shearman on

In Matière v ABM, the court found that there was an express obligation of good faith in a number of contracts concerning a joint venture for a subcontracting role in the construction of the HS2 railway. However, it concluded...more

Hogan Lovells

Proving causation of loss is key in professional negligence claims

Hogan Lovells on

Duty, breach and damage are the three essential elements of a claim in contract or tort. Demonstrating breach of a duty is insufficient on its own to found liability. A claimant must demonstrate that the breach is the cause...more

A&O Shearman

Breach it and weep: deemed fulfilment ain’t fictional

A&O Shearman on

The Court of Appeal has held that a party who prevents a condition precedent to their obligation to pay from being met cannot rely on the unfulfilled condition to escape their liability in debt....more

J.S. Held

Exploring Wood-Framed Roof Collapses: Causation and Identifying Responsible Parties

J.S. Held on

AN OVERVIEW OF THE CAUSES OF ROOF FAILURE - Collapses of wood-framed roofs are frequently reported in North America, ranging from simple agricultural roofs to complex roofs in industrial buildings. Controllable factors...more

Snell & Wilmer

The Prevalence and Challenges of Loss of Productivity Claims in Today’s Construction Industry

Snell & Wilmer on

Losses of labor productivity issues and claims seem to have taken on more prominence in the last few years due to labor shortages, material shortages, and the quickly changing economics and supply change issues affecting the...more

Goldberg Segalla

Labor Law Update Fall 2023

Goldberg Segalla on

EDITOR’S NOTE - As an initial matter, we experienced a bit of an anomaly with the Third Department. Typically, there are a number of Labor Law decisions that we report on. However, for this reporting period, our research...more

J.S. Held

Integrating Independent Forensic Analyses in International Construction Arbitrations

J.S. Held on

This article discusses the various independent analyses that experts perform and how these analyses should be integrated when involved in a construction dispute that has progressed to international arbitration. While experts...more

King & Spalding

Tokyo Dispute Resolution & Crisis Management Newsletter – June 2020: Coronavirus & Construction Contracts - Causation, Force...

King & Spalding on

Large construction projects, by their very nature, carry significant commercial and financial risk for the parties involved. Contributing to this overall risk is the reality that an act of nature or other circumstance beyond...more

Spilman Thomas & Battle, PLLC

What’s That Smell? An Examination of Legal Developments Related to Formaldehyde Products

Is that formaldehyde you smell in your newly floored sunroom? Hopefully, it is not. Formaldehyde is a colorless, flammable, strong-smelling chemical used in construction and household products, such as cabinets, furniture,...more

Pierce Atwood LLP

Class Certification Victory in Building Products Case

Pierce Atwood LLP on

In a case that should be of interest to manufacturers and distributors, and especially to suppliers of building products, lawyers from our class action defense team recently defeated class certification in a building products...more

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