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HTMLTexas Supreme Court Applies Economic Loss Rule to Limit Tort Claims by Contractors Against Owner's Design Professionals
Scott W. Cowan, Christopher H. Domingo, Daniel D. McMillan, Andrew D. Ness, J. Laurens Wilkes; Jones Day;
Legal Alert/Article
August 21, 2014, previously published on August 2014
In a June 20 decision, the Texas Supreme Court applied the economic loss rule to preclude a direct claim for negligent misrepresentation by a construction contractor against an owner's architect based on flawed design documents. LAN/STV v. Martin K. Eby Constr. Co., No. 11-0810, 2014 Tex. LEXIS...


HTML“P3” is Way More than a New Buzzword
Jeff Reichard; Nexsen Pruet, LLC;
Legal Alert/Article
August 20, 2014, previously published on August 19, 2014
August 23rd marks the one-year anniversary of House Bill 857 (“HB 857”) becoming law in North Carolina. Through the enactment of HB 857, the Tar Heel state opened its doors to what is commonly referred to across the country as “P3,” which is shorthand for public-private...


HTMLDefective Construction Claims: Are They Covered Under the CGL Policy or Not?
Kohrman Jackson Krantz PLL;
Legal Alert/Article
August 19, 2014, previously published on August 18, 2014
One area that is often argued are claims for defective construction under builders' commercial general liability insurance policies. This is an issue that equally affects a builder, a damaged party and the insurer, and how that issue is decided may depend on which state's law will control.


HTMLProposed Amendments to Alberta’s Condominium Property Act
Brittany Weikum; McCarthy Tetrault LLP;
Legal Alert/Article
August 18, 2014, previously published on August 5, 2014
On May 6, 2014 amendments to Alberta’s Condominium Property Act were introduced into the Alberta Legislature. The Act establishes the framework for the development, sale, and governance of both residential and commercial condominiums located in Alberta and outlines the duties and...


HTMLMinimize the Inherent Risk in "Scope Bidding" by Amending Your Form Subcontract
Eugene J. Heady; Smith, Currie & Hancock LLP;
Legal Alert/Article
August 12, 2014, previously published on August 8, 2014
Subcontractors must exercise particular care if the project specifications are performance specifications or otherwise described by so-called “scope” criteria. A scope specification is one that describes the general scope of the project in terms of design, dimension, and major...


HTMLSBA Increases Small Business Size Standards for Businesses in Numerous Industries, Including Construction
Edward T. DeLisle, Maria L. Panichelli; Cohen Seglias Pallas Greenhall & Furman PC;
Legal Alert/Article
August 11, 2014, previously published on July 31, 2014
If you participate in federal government procurement programs, either as a prime contractor or as a subcontractor, listen up! Your small business size status may have changed on July 14, 2014 as a result of an interim rule issued by the Small Business Administration (SBA). The rule increased...


HTMLAmerican Arbitration Association Releases New Rules for Fixed Time and Cost Construction Arbitrations
Gina M. Vitiello; Chamberlain, Hrdlicka, White, Williams & Aughtry;
Legal Alert/Article
August 6, 2014, previously published on August 4, 2014
Clients are always looking for ways to manage costs of legal disputes. With tighter cashflows since the recession, many businesses are understandably asking for budgets and working with their attorneys to find strategies that reduce legal fees and litigation costs.


HTMLOhio Supreme Court Ruling Simplifies Contract Drafting, Negotiation, and Enforcement
McDonald Hopkins LLC;
Legal Alert/Article
August 2, 2014, previously published on July 28, 2014
The Ohio Supreme Court issued its decision in Transtar Electric, Inc. v. A.E.M. Electric Servs. Corp., Slip Opinion 2014-Ohio-3095 on July 17, 2014. Although it does not change the underlying principles with respect to pay-when-paid vs. pay-if-paid provisions, the Court’s decision announces a...


HTML“Your Work” Exclusion Bars Coverage for Tearing Down & Rebuilding Wall
Collins Lacy P.C.;
Legal Alert/Article
August 1, 2014, previously published on July 2014
The S.C. Court of Appeals recently applied the “your work” exclusion in a declaratory judgment action arising out of a construction defect suit to find the policy did not provide coverage. In Precision Walls v. Liberty Mutual Fire Insurance Co., Op. No. 5250 (S.C. Ct. App. filed July...


Adobe PDFGetting the Deal Through - Shipbuilding
Muhammad Muslim, Marintan Panjaitan, Sahat A. M. Siahaan; Ali Budiardjo, Nugroho, Reksodiputro (ABNR);
Legal Alert/Article
August 1, 2014, previously published by Law Business Research as part of its GTDT series. on May 2014
This articles examines the law surrounding construction and contracts in the shipbuilding industry in Indonesia.


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