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HTMLMinnesota Legislature Passes Anti-Indemnification Law to Benefit Construction Design Professionals
Mark A. Bloomquist, Elizabeth S. Poeschl; Meagher & Geer, P.L.L.P.;
Legal Alert/Article
May 14, 2015, previously published on March 16, 2015
In 1983, the Minnesota legislature enacted Minnesota Statutes Chapter 337, commonly called the construction anti-indemnification law. The intent of the law was and is to make parties to a construction project liable only for their own respective fault and not to unfairly impose liability for...

 

HTMLSmith v. Wells Concrete Products Co., Court File #A14-0644.
Elizabeth S. Poeschl; Meagher & Geer, P.L.L.P.;
Legal Alert/Article
May 14, 2015, previously published on March 16, 2015
Wells Concrete Products Co. hired Plaintiff Smith as its painting subcontractor. Wells did not control or direct Smith's work. The parties agreed that she was an independent contractor. Smith fell and was injured while working on Wells' project. Smith sued Wells, arguing that Wells had a duty to...

 

HTMLCourt's Finding on "Damage" Can Lead to More Work for Contractors, Possible Changes to Future Policy Language
Elizabeth S. Poeschl; Meagher & Geer, P.L.L.P.;
Legal Alert/Article
May 14, 2015, previously published on February 1, 2015
The Minnesota Supreme Court recently issued a decision in Cedar Bluff Townhome Condo Assoc. v. American Family. The opinion in this case is important because it could directly impact, and directly benefit contractors, that perform any remedial and repair work.

 

HTMLTimely Notice: The Email Solution
Richard G. Meyer; Dressman Benzinger LaVelle psc;
Legal Alert/Article
May 14, 2015
A recent federal court opinion emphasizes the importance for a contractor to comply with a contract provision requiring written and timely notice of claims. The contract at issue was a subcontract between the General Contractor in a state highway project and the blasting subcontractor. It required...

 

HTMLManage Risk by Looking at These Three Common Construction Contract Issues
David E. Leavenworth, Kelley G. Shirk; Hall & Evans, L.L.C.;
Legal Alert/Article
May 13, 2015
While many construction contracts are based on AIA forms and other boiler plate documents, negotiating contract provisions to shift and limit risks is still an art form. From a litigator’s perspective, there are a number of standard contract provisions that give rise to the most commonly...

 

HTMLBurn Pit Cases: U.S. Supreme Court Denies KBR¿s Request to Consider Contractual Issues Regarding Liability
Motley Rice;
Legal Alert/Article
May 6, 2015, previously published on January 21, 2015
The U.S. Supreme Court announced on Jan. 20, 2015 that it will not hear the arguments of government contractor KBR regarding In re KBR Inc. Burn Pit Litigation. As a result, the MDL, which encompasses suits against KBR and other defense contractors who allegedly jeopardized the health and safety of...

 

HTMLSabine Pass LNG Files Monthly Construction Status Report
Sutherland Asbill Brennan LLP;
Legal Alert/Article
May 1, 2015, previously published on April 30, 2015
Sabine Pass LNG filed a report with FERC covering construction activities through March 2015 at its LNG export terminal in Cameron Parish, La. Stage 1 (liquefaction trains 1 and 2) engineering and procurement are 100% complete, and subcontract and direct hire construction work are 65% and 73.4%...

 

HTMLBuilder’s Cash Payment In Exchange for Section 1542 Waiver Bars Subsequent Claim For Latent Construction Defects Under Right to Repair Act
Brandon T. Kerr, Keith Smith; Wood, Smith, Henning & Berman LLP;
Legal Alert/Article
April 27, 2015, previously published on March 19, 2015
This case demonstrates that a builder can protect itself from all future claims under the Right to Repair Act for latent construction defects by negotiating a waiver of unknown claims (Civil Code 1542) in return for a cash settlement. As the Belasco court stated, plaintiff “and his attorney...

 

HTMLWatch Out for the Economic Loss Rule
Earl K. Messer; Taft Stettinius & Hollister LLP;
Legal Alert/Article
April 23, 2015, previously published on March 17, 2015
The economic loss rule plays an important role in the allocation of liability for damages incurred by parties on a construction project. Often, the party harmed and the party causing the injury are not parties to the same contract — owner/subcontractor or general contractor/owner-retained...

 

HTMLIf the NLRB Had No Quorum, Did the Union Really Win the Election?
Kerry P. Hastings; Taft Stettinius & Hollister LLP;
Legal Alert/Article
April 23, 2015, previously published on March 23, 2015
When the NLRB loses its quorum, there are significant implications for employers. (See “Quorum Call - Will the NLRB Continue to Function After 2011?” and “If the NLRB Lacked a Quorum, Did 2012 Really Happen?"). One very significant implication is that any union election...

 


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