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Negligence › Construction Project › Construction Industry

Marshall Dennehey

Court Affirms Labor Law § 240(1) Liability Despite Lack of Witnesses and Plaintiff’s Potential Comparative Negligence

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Mederos v. 147 Amsterdam (2025 NY Slip OP 01895 (237 AD3d 410) - The plaintiff was injured when he fell off a scaffold. However, there were no witnesses who saw him fall. Other workers heard a sound and then found the...more

J.S. Held

Explaining Standard of Care in Construction Disputes

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Setting the Stage for Construction Litigation Support - The scale and complexity of construction projects often lead to a different outcome than expected, creating a dispute between the parties. Many construction disputes...more

MG+M The Law Firm

Massachusetts Supreme Judicial Court to Address the Application of the Statute of Repose to Contractual Indemnification Claims

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An issue of great importance to all construction project parties, including design professionals and contractors, is pending before the Massachusetts Supreme Judicial Court (SJC). In the matter of Trustees of Boston...more

Gray Reed

Weathering the Storm—Part 1: Understanding Liquidated and Consequential Damages in Construction Contracts

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When project delays occur due to natural disasters, the financial implications can be severe. Construction stakeholders often focus on immediate physical damages while overlooking the potentially devastating impact of...more

Patton Sullivan Brodehl LLP

The Growing Trend of Contractor Negligence Liability Despite Lack of Contract Privity

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Historically, courts typically refused to impose liability for negligence in the performance of a contract unless the plaintiff was a party to the contract. Thus, whenever a contractor provided services at a particular...more

Segal McCambridge

New York Labor Law Appellate Division Round-Up

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Issues involved with construction accidents in New York are very fact-specific, and it is important to obtain testimony and evidence of all aspects of the construction project to try and defeat a summary judgment motion....more

Robinson+Cole Construction Law Zone

Rhode Island Closes One Bridge and May Have Burned Others with Ensuing Lawsuit

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The state of Rhode Island recently filed a lawsuit against 13 companies that provided design, construction, and inspection services over the past ten years (the extent allowed by the applicable statute of limitations) to the...more

Saiber LLC

The Saiber Construction Law Column: February 2024

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In the April 2023 OnSite issue, the Saiber Construction Law Column discussed a 2022 case in which the Supreme Court of Maryland held that a party who hires an independent contractor is generally not liable to an employee of...more

Kennedys

Negligent damage to an insured’s work now considered “property damage” caused by an “occurrence” under Illinois law

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In a landmark decision, the Illinois Supreme Court has set forth a new legal framework to follow when analyzing coverage for construction defect claims under CGL policies. In Acuity v. M/I Homes of Chicago, LLC, 2023 IL...more

Dinsmore & Shohl LLP

Ohio Appeals Court Ruling Upholds Strict Limits on Timing for Bringing Negligence Claims Against Design Professionals

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A recent decision by the Ohio First District Court of Appeals holds the discovery rule does not apply to construction defect claims against design professionals. Generally, the discovery rule means that the applicable statute...more

Saiber LLC

The Saiber Construction Law Column: April 2023

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Under New Jersey law, parties who hire independent contractor are not responsible for harm that occurs to the contractor’s employees as a result of the very work that the employee was hired to perform. In September 2022, the...more

Maynard Nexsen

Understanding Indemnification Clauses

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Introduction - Construction projects are risky. Contracts allocate risks between the parties. Indemnification clauses shift risk from one party to another. Many parties pay little attention to their contracts’...more

White and Williams LLP

Utah Digs Deep and Finds “Design Defect” Includes Pre-Construction Geotechnical Reports

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The Supreme Court of Utah recently found that an incorrect pre-construction geotechnical engineering report is a “defective design.” Thus, actions arising from an incorrect geotechnical report are appropriately governed by...more

Ervin Cohen & Jessup LLP

Construction Defect Damages May Exceed Cost To Repair

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Construction defect cases often involve damage claims beyond simply the cost to repair the allegedly defective unit or component. These consequential damages may include damages for loss of use, expenses for mitigation and...more

BCLP

Triple Point v PTT: UK Supreme Court also interprets a contractual cap on liability

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The UK Supreme Court recently handed down a highly anticipated judgment on the interpretation of clauses which pertain to liquidated damages and limitations on a contractor’s liability for damages. Most notably, the Supreme...more

Pillsbury Winthrop Shaw Pittman LLP

Uniwest And Virginia’s Anti-Indemnification Statute: The Trap For The Unwary Should Be Closed

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Uniwest And Virginia’s Anti-Indemnification Statute: The Trap For The Unwary Should Be Closed Source: Virginia Lawyer By James P. Bobotek 04.30.21 When preparing commercial contracts, parties strive for certainty to prevent...more

Smith Anderson

Coming to Construction Claims - The Collateral Source Rule

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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

Smith Anderson

Contractors vs. Designers - Claims Alive in North Carolina

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North Carolina Courts have held for decades that general contractors can assert negligence claims directly against design professionals in the absence of a contractual relationship between the contractor and the design...more

Bradley Arant Boult Cummings LLP

Two Wrongs Don’t Make a Right: Unlicensed Contractors Can Pursue Designers for Negligence

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The North Carolina Court of Appeals recently determined that a builder who fails to comply with state licensing requirements may still pursue a negligence claim against design professionals. In Wright Construction Services,...more

Ward and Smith, P.A.

The Economic Loss Rule - Recently Refined or Redefined by the North Carolina Supreme Court

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Recently, the North Carolina Supreme Court issued a decision impacting the application of the economic loss rule in commercial settings, particularly construction. This article provides a refresher on the economic loss...more

Bradley Arant Boult Cummings LLP

Kentucky Fried Claim: Contractor Preserves Immunity from Suit by Complying with Government Contract Specifications

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Recently, in Cross v. L-M Asphalt Partners, Ltd., the Kentucky Court of Appeals upheld a contractor’s immunity from suit for negligence, where the contractor complied with the contract and construction specifications provided...more

White and Williams LLP

Virginia Molds Tort Versus Contract Law in New Home Construction Case

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Often times, both contract and tort claims co-exist in a subrogation matter and the line between the two can be blurred. This is especially true in the context of damages resulting from new home construction defect claims....more

White and Williams LLP

Massachusetts Court Clarifies Statute of Repose Trigger for Multi-Phase Construction Projects

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In D’Allesandro v. Lennar Hingham Holdings, LLC, C.A. No. 17-cv-12567-IT, 2019 U.S. Dist. LEXIS 185874, the United States District Court for the District of Massachusetts recently discussed a case against a general contractor...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Asbestos/Duty of Care: Connecticut Court Addresses Construction Project/Liability Issues

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The Superior Court of Connecticut (Judicial District of Hartford) (“Court”) addressed in a September 30th opinion certain issues arising in an asbestos exposure case. See Julian Poce, et al., v. O&G Industries, Inc., et al.,...more

Smith Anderson

Significant Changes to the North Carolina Anti-Indemnity Statute

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North Carolina recently amended its “anti-indemnity” statute, which generally applies to construction-related contracts and agreements with design professionals. At a high level, the new law places additional restrictions on...more

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