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Documents on Litigation, Construction
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|Supreme Court Likely To Clarify Standard of Review on District Court's Factual Findings in Support of Patent Claim Construction|
Staas Halsey LLP;
April 6, 2015, previously published on Fall-Winter 2014The Supreme Court of the United States (“Supreme Court”) has granted Teva Pharmaceuticals USA’s (“Teva”) petition for review. Teva appealed the decision of the U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”). The Federal Circuit had...
|Prevailing Wage Violation Invites Unsuccessful Bidder’s Tort Claim|
Robert C. Hendrickson; Duane Morris LLP;
March 25, 2015, previously published on March 6, 2015Failing to pay prevailing wages on a public works project can have consequences beyond labor code penalties and claims for unpaid wages. Contractors who “unlawfully deflate their labor costs” by intentionally violating prevailing wage laws in order to win contracts are also subject to...
|Rhode Island - You Get One, and Only One, Bite at the Apple|
Michael R. Bosse; Bernstein Shur;
March 20, 2015, previously published on February 26, 2015A recent Rhode Island case reminds us that, in litigation, you usually only get one bite at the apple. In Torrado Architects v. Rhode Island Department of Human Services, decided November 25, 2014, Torrado was denied the ability to conduct a second binding arbitration after the first one was...
|Economic Loss Doctrine Applied In Construction Case|
Asha Echeverria; Bernstein Shur;
March 20, 2015, previously published on February 26, 2015In Arundel Valley, LLC v. Branch River Plastics, Inc., BCD-CV-13-15 (Me. Super. Ct. Nov. 4, 2014), the Maine Superior Court delves into and brings some clarity to the murky world of the economic loss doctrine. Under Maine law, the economic loss doctrine states that absent personal injury or...
|CGL Exclusions for Contractual Liability - The Existence of a Contract Does Not Dictate the Exclusion|
Michael A. Hodgins; Bernstein Shur;
March 20, 2015, previously published on February 26, 2015Just when contractors think they have insurance coverage for a claim under their Commercial General Liability policy, they find they do not, often because of the application of one of many policy exclusions. Contractors are understandably confused. Sometimes these policy exclusions can prove...
|The Right to Stop Work - looking behind the headlines of the Kiewit-Turner decision|
Timothy W. Gordon; Holland & Hart LLP;
March 6, 2015, previously published on December 10, 2014On December 9, 2014, a three-member panel of the Civilian Board of Contract Appeals ("CBCA") ruled that Kiewit-Turner, a Joint Venture ("KT"), could rightfully stop work on the Aurora VA hospital project. Kiewit-Turner, a Joint Venture v. Dept. of Veterans Affairs, CBCA 3450....
|Fourth District Reverses Lower Court Ruling in Construction Defect Litigation|
John R. Clifford, Edward P. Garson, Gregory D. Hagen, Ian A. Stewart; Wilson Elser Moskowitz Edelman & Dicker LLP;
March 5, 2015, previously published on February 18, 2015On January 22, 2015, the Fourth District Court of Appeals issued for publication its decision in McMillin Companies LLC v. American Safety Indemnity Company, 4th Dist. Div. 1, D063586.
|Appellate Court Reverses Jury Award To Golf Course Contractor|
Jason R. Urbanowicz; Rogers Towers, P.A.;
March 3, 2015, previously published on January 28, 2015The Second District Court of Appeal recently reversed a jury verdict that awarded a contractor nearly $300,000 after determining that the amount had already been paid by another entity. The dispute in Tern Bay Community Development District v. Ryangolf Corporation arose from the planned development...
|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...
|Supreme Court Changes Standard Of Review For Patent Claim Construction Rulings|
Ryan M. Corbett; Burr & Forman LLP;
February 17, 2015, previously published on January 23, 2015In Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc., the Supreme Court revised the standard of review used by the Federal Circuit for nearly twenty years in reviewing claim construction rulings, replacing a de novo standard with a “clearly erroneous” standard. Teva sued Sandoz for...