Source: Constructor, January/February 2017 By: Debra Wood BENEFITS AND WORDS TO THE WISE AS MANY OWNERS AND contractors seek to enhance the construction experience by considering different project-delivery methods, they are opting for construction manager at risk (CMAR), which provides opportunities for improved collaboration, but, as the name states, also comes with risks to be […]

Source: http://www.construction-today.com, December 22, 2016 By: Thomas J. Madigan When building information modeling (BIM) technology first gained widespread use, commentators warned of new legal risks posed by the information sharing and collaboration essential to the process. Contractors and designers became worried that BIM could alter the traditional allocation of risk between them. The potential impact […]

Source: http://www.ac-lawyers.com, December 8, 2016 By: John P. Ahlers Implied warranties are warranties created by law, legislation, or courts.  In the construction industry, one of the most prominent implied warranties is that owners who provide plans and specifications to their contractors impliedly warrant the adequacy of their plans and specifications.[i]  That implied warranty had its […]

Source: http://www.constructiondive.com, November 21, 2016 By: Kim Slowey Dive Brief: An attorney acting on behalf of four construction workers killed or injured in a 2014 pedestrian bridge collapse has filed a lawsuit in Wake County, NC, seeking financial damages of more than $250,000, according to the News & Observer. One worker was killed and three […]

Source: http://www.watertowndailytimes.com, October 28, 2016 By: Craig Fox The manufacturer of the roof on the city’s ice arena warned that it needed some kind of system to prevent large chunks of snow and ice from falling off the renovated facility. Lawrence J. Coburn, who oversaw the arena project as its construction manager, recalled that the […]

Source: http://www.wacotrib.com, July 8, 2016 By: J.B. Smith A city of Waco lawsuit against the Kleinfelder engineering firm over a soil cleanup job is moving to trial after an unsuccessful mediation attempt this week. The lawsuit, filed in October in federal court in Waco, alleges that Kleinfelder’s failure to properly identify toxic soil from the […]

Source: http://www.callawyer.com, April 6, 2016 By: Marty Graham Think construction defects cases are complicated? Try looking at them from the perspective of the  neutrals who guide parties to settlement. Complicated only begins to describe what one experienced  neutral calls working on a puzzle with dozens of pieces where the task is getting the edges to […]

Source: http://www.callawyer.com, May 9, 2016 By: Timothy M. Thornton, Jr. The key is resultant property damage to other parts of the project or building. In many scenarios involving allegedly defective construction, the injured party—be it a homeowner, a commercial project developer or a homeowners association—asks that the issue be turned over to the contractor’s insurance […]

Source: http://www.texaslawyer.com, May 2, 2016 By: David Walton and
Brandan Montminy Eight years later, in U.S. Metals Inc. v. Liberty Mutual Group Inc., the court addressed a policyholder’s effort to significantly expand CGL policies to cover construction and product defects. Focused less on the scope of the insuring agreement as in Lamar Homes and more on […]

Source: http://www.jdsupra.com, April 22, 2016 By: David Beck, Pillsbury – Gravel2Gavel Construction & Real Estate Law The recent decision of Allied Property & Casualty Insurance Co. v. Metro North Condominium Associates highlights why only a minority of jurisdictions still hold to the fiction that construction defects cannot give rise to an “occurrence” covered under a […]

Source: http://www.lexology.com, April 12, 2016 By: Corey N. Giroux, Strang, Scott, Giroux & Young, LLP New Hampshire has enacted a dispute resolution statute for residential construction defect claims made by homeowners that, among other things, provides contractors notice and opportunity to resolve alleged construction defects prior to a disgruntled owner instituting litigation against them. Despite […]

Source: http://www.natlawreview.com, April 12, 2016 On Monday, in Certain Underwriters at Lloyd’s, London v. Arch Specialty Ins. Co., 16 C.D.O.S. 3833 (Cal. Ct. App. Apr. 11, 2016), the California Court of Appeal (Third District) rejected Arch Specialty Insurance’s attempt to enforce “other insurance” clauses in the conditions and coverage grant of the relevant policies. London […]