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|328 Barry Avenue, LLC v. Nolan Properties Group, LLC a. Carciofini Company, et al., Court File #A14-0724. |
Elizabeth S. Poeschl; Meagher & Geer, P.L.L.P.;
May 14, 2015, previously published on March 16, 2015This opinion is important because the Court of Appeals addressed questions related to the Minnesota two-year statute of limitations that applies to all construction projects. The construction project at issue began in 2008. In October 2009, when the construction was ongoing, the general contractor...
|Manage Risk by Looking at These Three Common Construction Contract Issues|
David E. Leavenworth, Kelley G. Shirk; Hall & Evans, L.L.C.;
May 13, 2015While 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...
|Burn Pit Cases: U.S. Supreme Court Denies KBR¿s Request to Consider Contractual Issues Regarding Liability|
May 6, 2015, previously published on January 21, 2015The 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...
|Sabine Pass LNG Files Monthly Construction Status Report|
Sutherland Asbill Brennan LLP;
May 1, 2015, previously published on April 30, 2015Sabine 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%...
|Builder’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;
April 27, 2015, previously published on March 19, 2015This 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...
|If the NLRB Had No Quorum, Did the Union Really Win the Election?|
Kerry P. Hastings; Taft Stettinius & Hollister LLP;
April 23, 2015, previously published on March 23, 2015When 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...
|Watch Out for the Economic Loss Rule|
Earl K. Messer; Taft Stettinius & Hollister LLP;
April 23, 2015, previously published on March 17, 2015The 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...
|The High Court Considers the Final Certificate Conclusivity Provisions of the JCT|
Gurbinder Grewal, James Scagell; Dentons Canada LLP;
April 22, 2015, previously published on February 10, 2015It is accepted that "conclusivity" clauses in commercial contracts provide parties with certainty and limit the scope for disputes. Although the Courts have examined conclusivity clauses on several occasions, there has been no previous decision on the meaning and effect of clause 1.9 of...
|The New Forms of RIBA Contract|
Jennifer Badham, Julie Teal; Withers Bergman LLP;
April 22, 2015, previously published on March 31, 2015Getting the contract right when undertaking building works, no matter how big or small the project, is as important as selecting the right architect to design the works and contractor to build them. There can be no substitute for a contract drafted to meet the needs of the parties and the...
|Recent New York Decision Reaffirms Limits to Surety’s Liability on a Delay Claim Made under a Payment Bond|
Cynthia A. Murray; Schnader Harrison Segal & Lewis LLP;
April 20, 2015, previously published on January 2015A recent decision by the Supreme Court, New York County, reaffirmed the law as it applies to important issues relating to a surety’s defenses to a claim for delay damages made under a payment bond. In Advanced Automatic Sprinkler Co., Inc. v. Seaboard Surety Co., Inc., No. 650321/2001,...