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Construction Delays in the Time of Coronavirus: A Legal Perspective
A recent court ruling raises questions and concerns over the scope of liability owners and contractors may face when a subcontractor's employee is involved in an off-site accident during the course of construction. ...more
An recent Ohio appellate court decision reinforces a critical point for plaintiffs and a crucial defense strategy for defendants: if you don’t properly and timely name individual employees/agents in a lawsuit, you may lose...more
If a general contractor thinks its responsibility for ensuring a safe workplace extends only to its own employees, that belief is mistaken. In a recent case, the Washington Court of Appeals made clear that as long as a...more
Historically in California, professional negligence cases were limited to parties who had contracted with each other. The theory was that if a professional didn't have a contract with the plaintiff, then the professional did...more
The legal concept of “privity of contract” is a common law principle which provides that only parties directly involved in a contract can enforce its terms or be held liable for its obligations. This means that third parties...more
A pair of recent rulings involving the economic loss doctrine from North Carolina serve as a timely reminder to carefully consider the extent of contractual remedies in negotiation of construction agreements – lest a later...more
In another significant opinion from the North Carolina appellate courts, the Court of Appeals recently expanded the application of the collateral source rule to negligence claims arising out of construction disputes in a case...more
Peoples Gas Sys. v. Posen Constr., Inc., 2018 U.S. Dist. LEXIS 106427 (M.D. Fla. June 26, 2018) - In 2009 Posen Construction, Inc. (“Posen”), a road construction contractor, entered into a general contractor agreement with...more
A Federal Court in Pennsylvania has handed down a ruling that may expand the pool of potential plaintiffs in construction litigation. See AMCO Insurance Co. v. Emery and Associates, 926 F. Supp. 2d 634 (W.D. Pa. 2013). In...more