News & Analysis as of

Construction Industry Negligence Real Estate Development

K&L Gates LLP

URS v. BDW [2025]: Supreme Court Confirms Consultants' Duty to Developers for Historic Defects

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The UK Supreme Court’s (Court) decision in URS Corporation Ltd v. BDW Trading Ltd [2025] UKSC 21 resolves key questions around the recoverability of remediation costs where the developer no longer owns the property and has no...more

Hogan Lovells

Proving causation of loss is key in professional negligence claims

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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

Downs Rachlin Martin PLLC

Vermont Supreme Court Recognizes Exception to the Economic Loss Rule

Sutton v. Vermont Regional Center, 2019 VT 71 (Oct. 14, 2019) - Despite its longstanding reputation as liberal and sympathetic to plaintiffs, the Vermont Supreme Court has for a very long time strictly enforced the...more

Troutman Pepper Locke

No Negligence? No Causation? No Problem. Arizona Appellate Court Holds General Contractor Need Not Prove Subcontractor’s...

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Amberwood Dev., Inc. v. Swann’s Grading, Inc., No. 1 CA-CV 15-0786, 2017 Ariz. App. Unpub. LEXIS 207 (Ct. App. Feb. 23, 2017) - This case arose out of a housing development project, with Amberwood Development Inc....more

Lewitt Hackman

No Excuses: Preventing Construction Site Accidents and Remembering the Dead

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With Spring comes not only warmer weather, a change in time, and the start of baseball, but a return of construction projects as builders begin another season of home and commercial building. ...more

Snell & Wilmer

Homebuilders Do Not Owe a Duty of Care to Non-Original Homeowners

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Recently, the Arizona Court of Appeals answered another lingering question of paramount importance to the construction industry – whether homebuilders and other construction industry professionals may be indefinitely subject...more

Stinson LLP

Colorado Supreme Court: Construction Lender's Subsidiary Is Not a Subsequent Purchaser - Negligence Claim May Not Be Asserted...

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Lenders and contractors may want to take additional precautions before they take title to a newly constructed home through foreclosure (or deed in lieu of foreclosure) following a recent decision by the Colorado Supreme...more

Troutman Pepper

Massachusetts Supreme Court Holds Economic Loss Rule No Bar to Condo Trustees’ Claim for Damages to Common Areas Caused By...

Troutman Pepper on

Wyman v. Ayer Properties, LLC, 469 Mass. 64, 2014 Mass. LEXIS 524 (July 10, 2014) - The Massachusetts Supreme Court ruled that the economic loss rule, which bars recovery of tort damages from the negligent supplier of...more

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