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
A new law requires builders of newly-constructed homes to provide transferable warranties for a minimum period of one-year beginning July 1. Originally passed during Florida’s 2024 Legislative Session, HB 623, entitled, “Home...more
“Ensuing loss” provisions have long been the subject of nuanced arguments in insurance litigation. The provisions, which sometimes afford coverage for a “covered loss” stemming from an expressly excluded peril, serve as...more
In Lithko Contr., LLC v. XL Ins. Am. Inc., No. 31, Sept. Term, 2023, 2024 Md. LEXIS 256, the Supreme Court of Maryland considered whether a tenant who contracted for the construction of a large warehouse facility waived its...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
Welcome to our seventh issue of 2024 for our construction industry insights e-newsletter - The Site Report. In this edition, we address a range of construction issues from potential impacts to OSHA’s authority and issues...more
This Article is Part 1 in a series of articles discussing common considerations that homeowners should look for before, during, and after a residential construction project. Part 1 focuses on arguably the most important...more
This paper emphasizes the significance of risk and dispute management during the lifecycle of a construction project, highlighting how the early detection of issues can contribute to successful project outcomes. It emphasizes...more
Some construction industry commentators have urged a more integrated approach to design and construction, with equitable risk sharing and an effort to ensure that project design will benefit from the experience of companies...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
A CGL policy typically defines “your work” as the work performed by or on behalf of the insured and the materials, parts, or equipment furnished in connection with such work. “Product-completed operations” coverage usually...more
The golden standard for the measure of damages in a construction case alleging defective or incomplete work are the actual costs of completion or repair. That is to say, if there is a breach (or multiple breaches) of quality...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 a recent decision touching on many interesting issues, North Carolina’s Court of Appeals effectively determined that, in all but the most obvious cases, expert testimony is required to establish a failure to perform...more
In September 2021, the Washington Supreme Court issued its decision in Lake Hills Investments, LLC v. Rushforth Construction Co., Inc., 198 Wash.2d 209 (2021). This case is significant because it establishes a comparative...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
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
Hensel Phelps Constr. Co. v. Thompson Masonry Contractor, Inc., et. al., No. 151780, 2016 Va. LEXIS 166 (Va. Nov. 3, 2016) - The dispute arose from the construction of a student health and fitness center at Virginia...more
On July 5, 2016, the Colorado Supreme Court announced it will consider the construction defects case of Forest City Stapleton, Inc., et al. v. Rogers. In this case the Colorado Court of Appeals, for the first time, imposed...more
After an insurer pays for a covered loss by an owner under a property policy the insurer generally has the right, whether under the common law, statute or the policy itself, to seek recovery of the payment from the...more
Florida’s Fifth District Court of Appeal recently considered a window installation contractor’s defense to a homeowners' construction defect claims based on the statute of limitations. The homeowners argued that the four-year...more
A central principle of construction contracts is that, where a contractor (a) commits to construct in accordance with plans and specifications (b) provided by the owner (c) in exchange for payment of a firm, fixed price, the...more
Notable 2014 Case Law - Liability for owners, developers, contractors, subcontractors, suppliers and design professionals - This year, California courts decided a variety of cases with important relevance to...more