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Documents on Construction Law, Construction, Insurance
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|Stating a Claim for Negligent Misrepresentation for a Design Professional’s Supply of Information|
Gregory J. Kelley; Marshall Dennehey Warner Coleman & Goggin, P.C.;
July 21, 2016, previously published on June 1, 2016Until 2005, in Pennsylvania the Economic Loss Doctrine precluded contractors from suing design professionals in negligence for additional costs incurred on a construction project due to errors or omissions in the design plans. The contractor’s recourse was to sue the party who had contracted...
|Construction Labor Costs May Rise With New Department of Labor Rule|
Turlington Law Firm;
July 7, 2016, previously published by Construction Executive
On May 18, 2016, President Obama announced the publication of the Department of Labor¿s (DOL) final rule regarding overtime regulations.
Risk Management eNewsletter on Spring, 2016
|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...
|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...
|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...
|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....
|Corpus Christi Liquefaction Files Construction Progress Report|
Sutherland Asbill Brennan LLP;
April 22, 2016, previously published on April 21, 2016Corpus Christi Liquefaction has filed a report with FERC covering construction through March 2016 at its liquefaction and LNG export terminal at Corpus Christi, Texas. The report states that engineering has progressed to 97.1%, procurement has progressed to 46.0%, and Bechtel’s direct hire...
|The Pennsylvania Supreme and Superior Courts Clarify the “Retained Control” Exception to General Rule of Landowner’s Nonliability for Independent Contractors|
Michael A. Karaffa; Marshall Dennehey Warner Coleman & Goggin, P.C.;
March 23, 2016, previously published on March 1, 2016Pennsylvania has long embraced the general rule that a landowner who engages an independent contractor is not liable for the independent contractor’s negligence. Plaintiffs can get around the rule, however, if the landowner kept sufficient control over the worksite under the “retained...
|Appeals Court Rules GC Has “Reasonable Cause” to Withhold Payment|
Kari Kiki Bergeron; Taylor, Porter, Brooks & Phillips, L.L.P.;
March 21, 2016, previously published on March 14, 2016After the Eastern District of Louisiana ruled that General Contractor Woodrow Wilson Construction Co. Inc., hired to build a New Orleans elementary school, owed penalties and attorney’s fees to its subcontractor, Fisk Electric Co., over withholding payments to it, the United States Court of...