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Documents on construction law
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|Concurrent Delay: Clearing Up the Confusion Over "Apportionment" in Construction Litigation|
Joseph E. (Joe) Finley, Esha Mankodi, Andrew D. (Andy) Ness, Kevin O'Brien, Christopher N. (Chris) Thatch; Jones Day;
June 13, 2016, previously published on May 2016Whether a period of concurrent delay properly may be "apportioned" between the parties to a construction contract was a key issue recently in a major construction dispute. Jones Day represented the owners of a half-completed, multibillion dollar project, which had suffered a two-year...
|Preparing for the Big One: Los Angeles’s New Seismic Retrofit Ordinance and Recommendations for Mitigating Risk|
Eric M. Khodadian, Theodore D. Levin; Morris Polich & Purdy LLP;
June 9, 2016, previously published on May 19, 2016A major earthquake in California is inevitable. Most Californians recall the 1994 Northridge earthquake that rocked Los Angeles with a 6.7 on the Richter scale. In that earthquake, some of the structures that suffered the greatest damage were wood-framed “soft story” buildings and...
|Supreme Court of Virginia Clarifies Scope of Contractors' Potential Liability for Design Defects|
John R. Lockard; Vandeventer Black LLP;
June 5, 2016, previously published on May 2016The Supreme Court of Virginia recently addressed construction contractors’ potential liability for damages caused by design defects. In William H. Gordon Associates, Inc. v. Heritage Fellowship Church, a church hired an engineering firm to design a rain tank system to provide storm water...
|Court of Appeals Interprets Michigan Moldbuilders Lien Statute|
Timothy Lowe; McDonald Hopkins LLC;
June 2, 2016, previously published on May 6, 2016The Michigan Court of Appeals recently analyzed the ability of a molder to discharge a moldbuilder’s lien even if the moldbuilder has not yet been paid for its work.
|Builders Liens - Know Your Legal Paths to Resolution|
Robert A. Hodgins, Michael Peraya; Singleton Urquhart LLP;
May 31, 2016, previously published on April 28, 2016In its first construction lien decision in some time, the Supreme Court of Canada confirmed what many British Columbians have known since the 2003 Court of Appeal decision in Shimco Metal Erectors Ltd. v. Design Steel Constructors Ltd., namely, that lien claimants are not confined to pursuing only...
|Designers and Builders Beware - New Technologies New Products New Risks|
John R. Singleton; Singleton Urquhart LLP;
May 31, 2016, previously published on April 28, 2016Were it not for the advancement in building technologies and the introduction of new building products, we might still be living in caves. On the other hand, those who have been victims of failed new technologies and faulty new building products may conclude that living in a cave was not such a bad...
|End of the Road: The Supreme Court of Canada Denies Leave to Appeal in Iona Contractors Ltd. v Guarantee Company of North America|
James W. MacLellan, Richard H. Shaban; Borden Ladner Gervais LLP;
May 10, 2016, previously published on April 14, 2016The Supreme Court of Canada today released its highly anticipated decision in Iona Contractors Ltd. v Guarantee Company of North America, 2015 ABCA 240 dismissing the application for leave to appeal by the Trustee in Bankruptcy (the "Trustee") of the bankrupt, Iona Contractors Inc....
|Consideration of Force Majeure in Construction Contracts|
Jonathan Massell, David A. Senter; Nexsen Pruet, LLC;
May 10, 2016, previously published on April 25, 2016Before entering into a construction contract, consider how force majeure events are evolving in today’s world.
|Where Does the Duty of Care Flow? Limiting the Potentially Broad Liability of Construction Managers|
Steven J. Stuart; Smith, Currie & Hancock LLP;
April 28, 2016, previously published on March 31, 2016Construction managers are often in an unenviable position. With expansive contracts, construction managers perform multiple tasks that may impact many different people. With the general charge of managing a construction project comes the potential of broad liability to those involved with the...
|New Procedure for Setting Trial Dates in Cook County Circuit Court Law Division Cases, Including Construction Injury Cases|
Katie E. Gorrie; Johnson & Bell, Ltd.;
April 26, 2016, previously published on March 2016On March 23, 2016, the Honorable Judge James Flannery, the Presiding Judge of the Law Division of the Circuit Court of Cook County, handed down a General Administrative Order 16-2 that specifies a new procedure for the setting of trial dates relative to cases pending in the Law Division. All cases...