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Negligence › Construction Project › Contractors

Hanson Bridgett

Taking Responsibility: Who’s At Fault? Lorenzo Court Says Everyone

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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

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

Porter Hedges LLP

The Texas Supreme Court Clarifies The Scope Of The General Contractor’s Duty Of Care To Subcontractor Employees

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In a recent case, the Texas Supreme Court addressed the scope of the general contractor’s duty of care to its subcontractors’ employees on the project site. In JLB Builders, L.L.C. v. Hernandez, the Court upheld the trial...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

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

Bradley Arant Boult Cummings LLP

Sox Are ‘Slippery When Wet’: Contractor May be Liable for Injury Caused by Work Installed According to Customer Specifications

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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

Troutman Pepper Locke

Contractor Has No Duty To Indemnify Gas Company For Settlement Paid To Injured Employee Under Florida’s Underground Facility And...

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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

Nossaman LLP

Insurers Argue Damage by Meteor is all that is Covered in a CGL

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In a decision out of the Superior Court in Delaware, Judge Rocanelli bought a favorite insurance industry argument so extreme, several state legislatures (including Colorado and South Carolina) have passed laws overruling...more

Carlton Fields

Construction Case Law Update - March 2015 #2

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Sinkholes; “Structural Damage” – When undefined in a homeowner’s insurance policy, “structural damage” caused by a sinkhole is best defined as “damage that impairs the structural integrity of the building.” Homeowners argued...more

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