News & Analysis as of

Construction Disputes Statutory Interpretation

Hahn Loeser & Parks LLP

When The CSPA Doesn’t Apply: Orion v. Kaeka and Ohio’s Construction Service Exemption

In a recent Ohio Ninth District Court of Appeals decision, homeowners who experienced significant property damage from both a fallen tree and inadequate contractor work were left without the protection of Ohio’s Consumer...more

Miller Nash LLP

Washington Court of Appeals Confirms Contractor Can Appeal Denial of Intervention in Lien Foreclosure Suit

Miller Nash LLP on

Washington’s construction lien statute makes clear that all lien foreclosure actions arising out of the same project should be joined into a single lawsuit. Filing a motion to intervene in a pending foreclosure lawsuit will...more

Hinckley Allen

Massachusetts Appeals Court Reaffirms Ways In Which Building Permits May Be Automatically Extended

Hinckley Allen on

Those familiar with construction in Massachusetts know all too well the numerous types of building permits, approvals, orders of conditions, and the like that may be required to proceed with construction work on a given...more

K&L Gates LLP

Case Alert: Repetitious Claims in Adjudication

K&L Gates LLP on

Executive Summary - The South Australian Court of Appeal (Court of Appeal) in Goyder Wind Farm 1 Pty Ltd v GE Renewable Energy Australia Pty Ltd & Ors has delivered a landmark judgment....more

Bradley Arant Boult Cummings LLP

Statutes of Repose: Protecting the Pantheon’s Builders After Nearly 2,000 Years

Even though construction cases often involve colorful facts, legal opinions are often quite boring. When a judge writes a colorful opinion about an otherwise boring case, we tip our hat. This week we tip our hat to Judge...more

Bilzin Sumberg

Florida Appellate Court Affirms Statute of Limitations for Latent Construction Defects

Bilzin Sumberg on

The Cottages at Stoney Creek Condominium Association, Inc. et al v. JDR Construction, LLC et al, No. 1D20-956, 2021 WL 2209851 (June 1, 2021) aff’d per curiam....more

Buchalter

That’s A Goocher: SD Court Finds Enforceable Construction Contract Despite Lack of Time Component

Buchalter on

What’s a goocher?  If you saw the movie, Stand By Me, then you know exactly what I mean.  And there are times when parties to a construction contract face a goocher. ...more

Robinson+Cole Construction Law Zone

The Massachusetts Prompt Pay Statute: A Cautionary Tale for Those Who Don’t Read the Fine Print

In a recent decision likely to have a significant impact upon the way private construction projects in Massachusetts are managed, the Superior Court recently construed the Massachusetts Prompt Pay Statute in the way the...more

Pierce Atwood LLP

Claims against RIDOT – Important Judicial Decisions in 2019

Pierce Atwood LLP on

The Rhode Island Superior Court came down with a few interesting decisions this year concerning Rhode Island General Law Section 37-13.1-1.  That statute deals with actions against the State of Rhode Island on Highway and...more

Pullman & Comley, LLC

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

Pullman & Comley, LLC on

(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

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