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HTMLCondominium Associations’ Rights are Expanded Against Developers
James S. Singer; Rudolph Friedmann LLP;
Legal Alert/Article
December 26, 2014, previously published on November 20, 2014
In a case of first impression, the Massachusetts Supreme Judicial Court expanded the rights of condominium associations to recover for damage for the negligent construction of common areas of a condominium development. The case is Wyman et al. v. Ayer Properties, LLC.


HTMLWhen Does a ‘no damage for delay clause’ Apply? It Depends!
Michael R. Bosse; Bernstein Shur;
Legal Alert/Article
December 22, 2014, previously published on November 21, 2014
This summary presents two cases, one from Texas and one from Connecticut, that analyzed “no damage for delay clauses” and reached different conclusions. Like so many cases, these two claims turned on the facts present in each matter. This is just another reminder that the precise facts...


HTMLWhen the “Discovery Rule” is Irrelevant
Adam L. Gill, Jeffrey L. Hamera; Duane Morris LLP;
Legal Alert/Article
November 18, 2014, previously published on September 29, 2014
Can the statute of limitations for a claim expire even before a project owner knows that it has a claim? This is a very real possibility if one is not careful in drafting contracts. Courts generally recognize that sophisticated business entities should be permitted to forfeit rights in contracts,...


HTMLFailure to Comply With Prompt Pay Act Trumps Claimed Failure to Perform
Stanley A. Martin; Duane Morris LLP;
Legal Alert/Article
November 17, 2014, previously published on November 3, 2014
When a New Jersey public authority failed to comply with the NJ Prompt Pay Act,[1] it was obligated to pay the contractor even though it argued the contractor’s work was defective. That was the decision of the NJ Appellate Division in the case of Aire Enterprises v. Warren County.[2] After...


HTMLDoes Pennsylvania Law Permit Contractors and Owners to Extend the Six-Month Filing Deadline By Agreement?
Dylan B. Spadaccino; Babst Calland;
Legal Alert/Article
October 9, 2014, previously published on September 18, 2014
It is not uncommon for a subcontractor, for example, to call his or her attorney regarding filing a lawsuit against the prime contractor, 13 months after the dispute arose, only to learn that buried deep within the 50 page, single spaced, 8-point font contract, lurks a clause that shortened the...


HTMLDirectional Driller’s Employee’s Claims Against Lease Owner And Drilling Contractor Defeated On Summary Judgment
Sutherland Asbill Brennan LLP;
Legal Alert/Article
September 11, 2014, previously published on September 3, 2014
The Texas owner of a North Dakota oil and gas lease contracted with a drilling company to provide a drilling rig and drilling services (the “drilling contractor”), and also contracted with another company to perform directional drilling services (the “directional driller”)....


HTMLShafer Electric & Construction v. Mantia: PA Supreme Court Holds That Noncompliance with the Home Improvement Consumer Protection Act Does Not Entitle Homeowners to Free Work
Matthew L. Erlanger, Jennifer M. Horn; Cohen Seglias Pallas Greenhall & Furman PC;
Legal Alert/Article
September 2, 2014, previously published on August 21, 2014
Pennsylvania’s Home Improvement Consumer Protection Act (“HICPA”), which went into effect in 2009, generally requires that home improvement contracts be in writing and contain thirteen specific items (including the contractor’s home improvement contractor registration...


HTMLPrecedent Setting Case: Standard Exclusion in Course of Construction Insurance Policy Interpreted for First Time
Lauren Kristjanson, Grant H. Mayovsky, David Miachika, Christopher J. O'Connor; Borden Ladner Gervais LLP;
Legal Alert/Article
August 29, 2014, previously published on August 25, 2014
Acciona Infrastructure Canada Inc.v. Allianz Global Risks US Insurance Company, 2014 BCSC 1568 ¿ Builders Risk (Course of Construction) Policy; LEG2/96 Defects Exclusion Interpreted; Fortuity and Damage Requirements Clarified


HTMLMechanics Liens: Better Than Money Judgments
Asha Echeverria; Bernstein Shur;
Legal Alert/Article
August 27, 2014, previously published on August 25, 2014
In a recent Maine mechanics lien case, Cote Corporation v. Kelley Earthworks, the Maine Supreme Judicial Court upheld Cote Corporation’s mechanics lien judgment. In this case, Cote filed a mechanics lien against property owned by Kelley for the construction of an asphalt plant on...


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...


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