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 21, 2016 By: John R. Lockard, Vandeventer Black LLP The 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 […]

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.lexology.com, April 18, 2016 By: Stephen W. Kiefer, Pepper Hamilton LLP Balfour Beatty Infrastructure, Inc. v. Rummel Klepper & Kahl, LLP, 226 Md. App. 420, 130 A.3d 1024, 2016 Md. App. LEXIS 3 ( Md. Ct. Spec. App. Jan. 28, 2016) The City of Baltimore retained a design professional, Rummel Klepper & Kahl (“RK&K”), […]

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 […]

Source: http://www.lexology.com, April 1, 2016 By: Scott R. Murphy, Barnes & Thornburg LLP Note: This article appears in the April 2016 edition of Barnes & Thornburg LLP’s Construction Law Update e-newsletter. Within the past two years California courts have recognized negligence claims against professional engineers and architects in the absence of privity. First, in Beacon […]

Source: http://www.lexology.com, March 23, 2016 By: Carly Miller, Bradly Arant Boult Cummings LLP A recent Pennsylvania case, Gongloff Contracting, LLC v. L. Robert Kimball & Assocs., Architects and Engineers, Inc., sheds light on circumstances in which design errors can lead to damages in tort as courts recognize exceptions to the economic loss doctrine for such […]

Source: http://www.yourerie.com, March 22, 2016 By: leanne Stuck ERIE, Pa A construction error made in the building of a new Bayfront Hotel may delay the process. During the construction of the new Courtyard Marriott on the Bayfront,  incorrect drywall was used in 150 guest bathrooms. The sub-contractor, Associated Finish Systems, realized the mistake and is taking […]

Source: http://www.constructiondive.com, March 15, 2016 By: Kim Slowey The following is the third installment of Construction Dive’s “The Dotted Line” series, which takes an in-depth look at different construction contract types each month with expert input. Read the first two installments here and here. Although the design-build process of construction has been used throughout the world for […]

Source: Victor O. Schinnerer & Company, Inc. From 2001 to 2010, approximately 20% of claims involving buildings included allegations of mechanical and electrical issues. Many of these involved mold (which is more of an issue for mechanical engineers than electrical engineers). For the same time period, the average indemnity payment on claims filed against mechanical […]

Source: Victor O. Schinnerer & Company, Inc. Design firms that take part in design-build projects face different risks than those faced in traditional design-bid-build projects. Firms, whether taking the design-build lead or serving as a subcontractor to the design-build entity, often are legally responsible on a contractual liability basis rather than for their negligent professional […]