Source: http://www.constructionrisk.com, February 2011 By: J. Kent Holland, Jr. A Limitation of Liability clause (LoL) in a contract was upheld by a court notwithstanding allegations that the project owner had acted in bad faith in its treatment of the contractor.  It was held to apply, however, only to the damages that would be awarded under […]

Source: http://www.constructionrisk.com, October 2013 An architect’s contract containing a limitation of liability clause (LoL) was enforced to grant a partial summary judgment limiting the architect’s liability to $70,000 in the face of a $4.2 million claim for damages due to structural problems that required a nearly completed hotel to have to be demolished. The U.S. […]

Source: http://www.constructionrisk.com, October 2013 Where a limitation of liability clause in a design professional contract would limit a homeowner’s claim against its designer to the total fee for services, the plaintiff sought to avoid the affects of the clause by asserting that the designer had acted with gross negligence in drafting plans that resulted in […]

Source: http://www.lexology.com, October 27, 2015 By: Michael R. Bosse, Bernstein Shur Sawyer & Nelson PA In a widely reported case in Massachusetts, Coghlin Electrcial v. Gilbane Building Company, the Massachusetts Supreme Judicial Court upheld the implied warranty for the accuracy of plans and specifications from an owner in a context of a construction manager at risk […]

Source: http://www.smithcurrie.com By: Joseph Young The United States Supreme Court ruled nearly a century ago that a contractor is not responsible for consequences of defects in the plans and specifications when that contractor is bound to build according to plans and specifications prepared by the owner. U.S. v. Spearin, 248 U.S. 132 (1918).  This principle […]

Source: http://www.bizjournals.com, August 3, 2015 By: Jeff Jeffrey The engineering firm behind two collapsed bridges at Wake Tech’s Northern Campus is suing its insurance company, arguing that the insurer should help cover legal bills stemming from several lawsuits filed against the firm – including one filed by the family of a worker who was killed […]

Source: http://www.irishtimes.com, July 28, 2015 By: Simon Carswell Rotten construction at another block built by same company led to settlement in 2013 The new residents of Park-Broadway, a 96-residence building in Millbrae, beside San Francisco International Airport, thought it odd that their apartments should smell of mould just a year after they moved in. The […]

Source: http://patch.com, July 15, 2015 By: Eric Kiefer Condominium owners are alleging that Cypress Point on Clinton Street was built with “structural defects” that caused water damage. The developers of a 53-unit condominium building on Clinton Street in Hoboken may still be on the hook for allegedly faulty construction to the exterior of the building. […]

Source: http://www.lexology.com, June 30, 2015 By: Matthew T. Hawk, Gordon & Rees LLP In the wake of the recent balcony collapse that killed six people in Berkeley, California, questions have been raised regarding past claims made against the general contractor of that building, Segue Construction, particularly those regarding improperly waterproofed balconies at previous projects. Several […]

Source: http://www.insurancejournal.com, June 29, 2015 By: Brian Bakst The Science Museum of Minnesota, a major tourist attraction that opened its new, $100 million home just 15 years ago, has serious water infiltration problems that could leave state taxpayers with a hefty repair bill. Museum leaders have approached state officials and legislators with a $26 million […]

Source: San Francisco Chronicle, June 18, 2015 Posted on: http://fpn.advisen.com The investigation into the cause of the Berkeley apartment balcony collapse that killed six people and injured seven focused Wednesday on the company that constructed the building – a firm that has paid more than $6 million in the past two years to settle lawsuits […]

Source: http://www.dailyemerald.com, May 27, 2015 By: Gordon Friedman Update 5/28: Hoffman Construction Company Executive Vice President Bart Eberwein was reached for comment this morning, although he could not comment directly on the lawsuit. “I can only say that we are trying to lean into the problem, hope to fix it, hope the students like the building and […]