Key Lease Work Letter Issues When the Landlord Is Doing the Work
Law Brief®: David Pfeffer and Richard Schoenstein Discuss the Legal Implications of Infrastructure Collapses
Contractual Notice Requirements: Do You Really Need Them?
Construction Defects: Lessons Learned
California Court of Appeal Opens Doors for Construction Defect Claims Outside of the Right to Repair Act
In Dostart v. Columbia Insurance Group, the Iowa Supreme Court reaffirmed the rule — in Iowa, and many other jurisdictions — that faulty workmanship by a contractor does not constitute an “occurrence” as defined in a standard...more
Often times, subrogation practitioners take the “kitchen sink” approach when pursuing claims: they name all potentially liable parties under all available legal theories and whittle down from there. With construction defect...more
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
South Carolina contractors need to be aware of a recent decision by the South Carolina Court of Appeals that clarifies the landscape for indemnity provisions in contracts and introduces critical consideration regarding the...more
The recent Florida appellate case of Bandklayder Development, LLC v. Sabga provides an important lesson regarding damages for construction defects – that damages for construction defects must be proven based on costs of...more
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
Litigation arose over whether a suit for misrepresentation and breach of contract arising out of an easement triggered a Commercial General Liability (CGL) insurer's duty to defend. Internal confidential communications...more
In United States Automatic Sprinkler Corp. v. Erie Ins. Exch., et al., No. 21A-CT-580, 2022 Ind. App. LEXIS 87 (Automatic Sprinkler), the Court of Appeals of Indiana (Court of Appeals) considered whether there is a privity...more
We bring you our May Insurance Update. In this month’s update: •The Minnesota Supreme Court considers an issue of first impression over the reasonableness of settlement agreements that fail to allocate between covered and...more
The Denver housing market has been hot for years. An influx of residents, low housing inventory, and rising home prices make Denver a good choice for residential builders and developers. However, this past November, the...more
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