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
GRSM’s Construction Group is pleased to publish the latest issue of our Construction Law Update, a quarterly take on trends of interest to design professionals, contractors, and developers throughout the country....more
1. PRIVY COUNCIL RULES OUT CONTRACTOR'S CANCELLATION CHARGES IN FIDIC YELLOW BOOK TERMINATION CLAIM - The employer, under two contracts based on the 1999 FIDIC Plant and Design-Build Yellow Book, terminated the contracts...more
Section 130 of the Building Safety Act 2022 (BSA) allows the High Court to make building liability orders (BLO) if it considers it just and equitable to do so. Section 132 allows the court to make an information order to...more
Construction law cases can involve a broad variety of issues, including breach of contract claims, construction delays, structural deficiencies/construction defect claims, environmental issues, and regulatory claims, among...more
Construction projects are often complex endeavors involving multiple parties, intricate contracts, and significant investments. Despite meticulous planning, disputes can arise, posing challenges that require legal expertise...more
While it may seem evident that household members and subsequent purchasers bringing a construction defect claim are bound by the arbitration provision contained in the purchase and sale contract for the home, that was not the...more
In Twigg v. Admiral Insurance Co.,[1] the Oregon Court of Appeals recently resolved an insurance coverage dispute arising out of a construction project. Two homeowners hired a contractor to build a new home. The homeowners...more
How final is a final arbitration award? In Escapes! To the Shores Condominium Association, Inc., et al. v. Hoar Construction, LLC, and Architectural Surfaces, Inc., the plaintiff condo association argued that an arbitration...more
A novel question arose over the past few years in residential construction law as to whether minors were subject to the contractual provisions in their parents’ purchase or construction contract. The contract typically has a...more
In July 2022, the Supreme Court of New Jersey issued an opinion, Crystal Point Condominium Association, Inc. v. Kinsale Insurance Co., which considered whether (1) a condominium association that had obtained default judgments...more
In Cont’l Homes of Tex., L.P. v. Perez, No. 04-21-00396-CV, 2022 Tex. App. LEXIS 7691, the Court of Appeals of Texas (Appellate Court) considered whether the lower court erred in refusing to enforce an arbitration clause in a...more
There has been a growing trend of states enacting legislation making general contractors jointly and severally liable for the wages, benefits and supplements owed by project subcontractors to that subcontractor’s workers. ...more
Analysis of Coach Homes II at Gran Paradiso Condominium Association, Inc. v. Lennar Homes, LLC et al, Amended Order Granting Motion to Dismiss or Stay, No. 20 CA 003307 NC (Fla. 12th Cir. Ct. June 28, 2021)....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
A construction company, Parkerson Construction LLC, sued homeowner Jeanne Lacy Oaks claiming that Oaks owed it more than $50,000 for construction work on her home. ...more
A third-party contractor installed the defendant’s shingles on the plaintiffs’ roof. Subsequently, the plaintiffs filed suit for damages allegedly caused by the defendant’s faulty shingles and replacement of their roof. The...more
Contracts sometimes include arbitration clauses — where the parties agree that certain disputes will be resolved through arbitration instead of through legal proceedings. A recent Florida appellate decision — Hayslip v. U.S....more
Pennsylvania law suggests construction defects generally are not considered an "occurrence" under most CGL insurance policies because defects are not true accidents, e.g., a fortuitous event. However, an exception generally...more
Most private construction contracts contain binding arbitration clauses and apply the “law of the state where the project is located.” While arbitration is less formal than court/litigation, legal defenses are often raised,...more
Satterfield & Pontikes Constr., Inc. v. United States Fire Ins. Co., 2018 U.S. App. LEXIS 21488 (5th Cir. Aug. 2, 2018) - This case arises out of an excess insurance provider’s refusal to cover damages incurred by the...more
United States Home Corp. v. Ballesteros Trust, 2018 Nev. LEXIS 28 (Nev. Apr. 12, 2018) - United States Home Corporation (“U.S.H.”) built homes in a Nevada common-interest community, subject to a Covenant, Conditions, and...more
Last year, I wrote a post calling attention to stalled efforts in the Colorado legislature to pass meaningful construction defect reform. Shortly thereafter, the legislature got it done in the form of House Bill 17-1279....more
Girolametti v. Michael Horton Assoc., 2017 Conn. App. Lexis 228 (June 6, 2017) - A General Contractor brought claims for unpaid added work, via mandatory arbitration, against a building owner who asserted defective work...more
A federal court has rejected the attempt of the losing party in an arbitration to engage in discovery regarding the potential bias of the arbitrator, finding that it had no jurisdiction over the matter because it did not...more
Proposed legislation now pending in the Maryland General Assembly would prevent condominium developers from limiting the ability of the council of unit owners and individual unit owners to bring construction defect claims for...more