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HTMLConstruction Contract Claims Against a Third-Party Lender? The Unforeseen Consequences of a Standard Practice
Travis A. Knobbe; Spilman Thomas & Battle, PLLC;
Legal Alert/Article
May 20, 2015, previously published on May 18, 2015
For those of us who commonly represent lenders, there is nothing more unsettling than hearing the words “course and pattern of conduct” or “dominion and control” or some variation of the same. Any suit where someone seeks to impose liability on a bank for something above and...

 

HTMLSmith v. Wells Concrete Products Co., Court File #A14-0644.
Elizabeth S. Poeschl; Meagher & Geer, P.L.L.P.;
Legal Alert/Article
May 14, 2015, previously published on March 16, 2015
Wells Concrete Products Co. hired Plaintiff Smith as its painting subcontractor. Wells did not control or direct Smith's work. The parties agreed that she was an independent contractor. Smith fell and was injured while working on Wells' project. Smith sued Wells, arguing that Wells had a duty to...

 

HTML328 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.;
Legal Alert/Article
May 14, 2015, previously published on March 16, 2015
This 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...

 

Adobe PDFSupreme Court Likely To Clarify Standard of Review on District Court's Factual Findings in Support of Patent Claim Construction
Staas Halsey LLP;
Legal Alert/Article
April 6, 2015, previously published on Fall-Winter 2014
The 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...

 

HTMLPrevailing Wage Violation Invites Unsuccessful Bidder’s Tort Claim
Robert C. Hendrickson; Duane Morris LLP;
Legal Alert/Article
March 25, 2015, previously published on March 6, 2015
Failing 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...

 

HTMLRhode Island - You Get One, and Only One, Bite at the Apple
Michael R. Bosse; Bernstein Shur;
Legal Alert/Article
March 20, 2015, previously published on February 26, 2015
A 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...

 

HTMLEconomic Loss Doctrine Applied In Construction Case
Asha Echeverria; Bernstein Shur;
Legal Alert/Article
March 20, 2015, previously published on February 26, 2015
In 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...

 

HTMLCGL Exclusions for Contractual Liability - The Existence of a Contract Does Not Dictate the Exclusion
Michael A. Hodgins; Bernstein Shur;
Legal Alert/Article
March 20, 2015, previously published on February 26, 2015
Just 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...

 

HTMLThe Right to Stop Work - looking behind the headlines of the Kiewit-Turner decision
Timothy W. Gordon; Holland & Hart LLP;
Legal Alert/Article
March 6, 2015, previously published on December 10, 2014
On 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....

 

HTMLFourth 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;
Legal Alert/Article
March 5, 2015, previously published on February 18, 2015
On 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.

 


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