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|Authorized Agents of a Property Owner Are Not Subject to Individual Liability Under CASPA|
Dylan B. Spadaccino; Babst Calland;
February 26, 2015, previously published on February 20, 2015It is not uncommon for contractors and subcontractors to be verbally directed to perform extra work on construction projects without written change orders. Construction attorneys frequently deal with payment claims for such work if payment for that extra work is not made voluntarily. The individual...
|West Virginia Supreme Court Announces Major Change to West Virginia Construction
Law - Owners May Now Recover Damages In Excess of Costs to Repair|
Marc J. Felezzola; Babst Calland;
February 26, 2015, previously published on February 13, 2015The West Virginia Supreme Court’s recent decision in the Brooks v. City of Huntington case overturned years of precedent regarding what a claimant may recover for property damage. Prior to the Brooks decision, the law in West Virginia was that a party claiming property damage was required to...
|Coldwater Indian Band v. Canada (Indian Affairs and Northern Development), 2014 FCA 277, FCA (Nadon, Webb and Boivin JJ.A.)|
Scott Kerwin; Borden Ladner Gervais LLP;
February 25, 2015, previously published on November 25, 2014The Federal Court of Appeal dismissed an appeal by the Coldwater Indian Band, and allowed a cross-appeal by Kinder Morgan, in relation to a dispute over the assignment of pipeline easements. The Court held that the judicial review application was premature, as the Minister had not yet made a...
|Nunatukavut Community Council Inc. v. Nalcor Energy, 2014 NLCA 46, NLCA (Green C.J.N.L., Rowe And White JJ.A.)|
Scott Kerwin; Borden Ladner Gervais LLP;
February 25, 2015, previously published on December 3, 2014The Newfoundland and Labrador Court of Appeal set aside a perpetual injunction granted by the chambers judge in 2012 arising from a one-day protest by members of the appellant NunatuKavut Community Council in 2011. The applications judge erred in law in granting the injunction. The Court of Appeal...
|Proposed Legislation to change Chapter 558|
Sanjay Kurian; Becker Poliakoff P.A.;
February 20, 2015, previously published on February 4, 2015The Legislature will be considering legislation this year to change Chapter 558, Florida Statutes. Chapter 558 is required process for any party seeking to pursue claims for construction defects. The original goal of Chapter 558 was to provide an opportunity to settle defect claims without...
|Pay Attention to the Solicitation Requirements for the Bidding Entity|
William J. Cea; Becker Poliakoff P.A.;
February 19, 2015, previously published on December 23, 2014When submitting a bid to perform public work, pay attention to the solicitation requirements for the bidding entity. Must the bidding entity possess a particular license? Can any of the work be subcontracted? Do subcontractors have to be listed in the bid? These are all important questions that...
|Proposed Legislation Could Have Significant Impact on Florida’s Construction Defect Statute|
Amanda Parker Baggett, Cheryl Lynn Worman; Rogers Towers, P.A.;
February 18, 2015, previously published on January 16, 2015On December 9, 2014, Florida Representative Kathleen Passidomo introduced House Bill 87, a bill aimed at amending Florida’s Construction Defect Statute. The bill contains several changes which could have a significant impact on construction defect claims in Florida.
|Insurance for Defective Work Claims?In Some Cases, the New Hampshire Supreme Court says “Yes”|
David P. Ray; Bernstein Shur;
February 18, 2015, previously published on January 23, 2015The standard Commercial General Liability policy available to contractors provides insurance for property damage and personal injury claims against the contractor. All CGL policies include an exclusion for claims seeking property damage that must be “restored, repaired or replaced because...
|Florida Supreme Court Limits
Application of Statute of Limitations
E. Carson Lange; Rogers Towers, P.A.;
February 18, 2015, previously published on December 3, 2014A decision issued by the Florida Supreme Court earlier this year significantly limits the protection afforded by the statute of limitations to subcontractors and the like that are brought into construction litigation as third-party defendants.
|Boston's Hot Real Estate Market May Give Rise To Construction Litigation|
Sally Fitch LLP;
February 18, 2015The greater Boston area is experiencing a hyperactive real estate market this year. According to Redfin, a local brokerage and market research firm, Massachusetts homebuyers are engaging in bidding wars at a rate that is completely at odds with the normally slow dog days of summer. While sales are...