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Negligence › Damages › Construction Contracts

BCLP

The Role of Policy and What It Means for the Conduct of Claims for Building Safety Disputes

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In URS Corporation Ltd v BDW Trading Ltd [2025] UKSC 21, the Supreme Court has dismissed URS' appeal on all four grounds in its decision handed down on 21 May 2025. The case will be remitted to the TCC to determine the...more

Clark Hill PLC

Colorado Supreme Court rules there is no exception to the economic loss rule for willful and wanton conduct

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On April 21, the Colorado Supreme Court held that there is no exception to the economic loss rule (“ELR”) for willful and wanton conduct. In Mid-Century Ins. Co., v HIVE Constr., Inc., the court drew an important distinction...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

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

White & Case LLP

Turning off auto-correct? Employers' ability to recover costs of correcting contractors' defects

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In Thio Keng Thay v Sandy Island Pte Ltd [2019] SGHC 175 the High Court of Singapore confirmed that an employer may recover damages for rectifying defects even when it has done so in breach of a contractual defects...more

White and Williams LLP

Wisconsin Supreme Court Holds that Subrogation Waiver Does Not Violate Statute Prohibiting Limitation on Tort Liability in...

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In Rural Mut. Ins. Co. v. Lester Bldgs., LLC 2019 WI 70, 2019 Wisc. LEXIS 272, the Supreme Court of Wisconsin considered whether a subrogation waiver clause in a construction contract between the defendant and the plaintiff’s...more

Troutman Pepper Locke

Federal Court in Louisiana Upholds Suspensive Condition Not Subject Solely to Owner’s Whim

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Team Contractors, LLC v. Waypoint Nola, LLC, No. 16-1131, 2019 BL 96133 (E.D. La. Mar. 20, 2019) - The Eastern District of Louisiana recently denied the motion of a prime contractor (the “Contractor”) for summary judgment...more

Pullman & Comley, LLC

Appellate Court Notes

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Appellate Court Advance Release Opinions - AC36506 - Sidorova v. East Lyme Board of Education - Due to budget cuts, the Board of Education laid off the plaintiff who was a tenured French teacher. She sued for...more

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