Property Owners, Appeals, Contractors

Oregon Supreme Court Expands Meaning of "Accident" in Insurance Policy

Davis Wright Tremaine LLP on 6/10/2025

Owners can trigger an insurance policy without formally alleging a tort claim if the contractor's defective work could support a tort claim. The Oregon decision may allow property owners to assert only a breach of...more

Third DCA Reaffirms the Longstanding Playbook on Contract Damages

Segal McCambridge on 4/15/2025

Must damages be based on the cost of repair at the time of the breach? What is the time of breach? A recent Florida appellate case might have the answer to these questions. Bandklayder Development, LLC v. Sabga introduces key...more

Perfecting Service of a Mechanic’s Lien Claim in Pennsylvania

Houston Harbaugh, P.C. on 4/2/2025

Generally speaking, when a party files a Mechanic’s Lien Claim (“Lien Claim”) in Pennsylvania, the Lien Claim needs to be served on the Respondent by the sheriff of the county where the property owner is registered to do...more

Slip Sliding Away: NY Court of Appeals Expands the Scope of Slipping Hazards under Industrial Code § 23-1.7(d)

Goldberg Segalla on 2/26/2024

The New York Court of Appeals recently expanded the types of hazards encompassed by Industrial Code § 23-1.7(d). In so doing, the court increased the likelihood of Labor Law § 241(6) liability for property owners, contractors...more

Words Matter – an Implied Warranty Case Before Washington's Court of Appeals Is a Reminder

Davis Wright Tremaine LLP on 7/26/2023

There is a reason why contractors need to review their contracts closely and the Washington Court of Appeals' decision in King County v Walsh Construction Company II LLC, No. 83787-7-1 (Wash. App. Ct. 2023) ("Walsh")...more

When Do Defects Prevent Practical Completion?

White & Case LLP on 4/6/2019

Practical completion represents the physical completion of works on construction projects. Despite its importance, it is not a legal term of art, and whether or not practical completion has been achieved requires...more

Concurrent Delay – Is the English Court of Appeal's Clarification Conclusive?

Akin Gump Strauss Hauer & Feld LLP on 9/14/2018

• The Court of Appeal has held that a clause denying an extension of time to a Contractor if there is concurrent delay is enforceable and is not contrary to the so-called “prevention principle.” • The Court of Appeal...more

Contractors can be Liable for Following Owners’ Directives

Partridge Snow & Hahn LLP on 1/27/2016

In Downey v. Chutehall Construction Co. (Lawyers Weekly No. 11-001-16), the Massachusetts Appeals Court ruled a contractor can be liable for violating building codes despite the fact that the party suing it directed the...more

Appellate Court Notes

Pullman & Comley, LLC on 7/7/2015

- Supreme Court Advance Release Opinions: - SC19422 - Awdziewicz v. Meriden Certain police officers retired, entitling them to pension benefits under the City Charter as previously modified in a separate lawsuit...more

AZ Court of Appeals Broadly Interprets Persons Entitled to Compensation From Arizona Residential Contractors’ Recovery Fund

Snell & Wilmer on 6/24/2015

It’s not just for homeowners anymore – Arizona Court of Appeals decides a resident of property owned by his trust may still receive compensation from the Arizona Residential Contractors’ Recovery Fund. A recent Arizona...more

A Virginia Mechanic's Lien Refresher, Courtesy of Jack Bays

Spilman Thomas & Battle, PLLC on 6/29/2013

In February 2013 the Supreme Court of Virginia handed down its decision in Jack Bays, a mechanic’s lien lawsuit involving the landowner, several lenders, the general contractor and no fewer than eleven subcontractors....more

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