News & Analysis as of

Contractors Liability

Vinson & Elkins LLP

When You Walk Through a Storm: Legal Implications of Adverse Weather on Construction Contracts

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The recent extreme weather events in the UAE, characterised by unprecedented rain and flooding, serve as a stark reminder of the broader implications such severe weather can have on construction projects. We explore these...more

Hinckley Allen

Contractors, Beware: General Liability Insurers Wrongfully Denying Claims for Damage Caused by Defective Subcontractor Work

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As a contractor, you are familiar with working together with subcontractors — delegating project scope as part of the overall job. However, when a subcontractor’s work is defective, who is liable for the damage?...more

Marshall Dennehey

Pennsylvania Supreme Court Extends Contractor Liability for Obvious Defects in Completed Work

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The Pennsylvania Supreme Court addressed whether a contractor bears the risk of future injuries regarding hidden (latent) defects in its work if an owner is also aware of a defect but chooses not to correct it. The City of...more

Mitchell, Williams, Selig, Gates & Woodyard,...

From Creativity to Liability: Exploring the Legal Dangers of Using Generative AI Websites, Applications, and Chrome Extensions

Reflective of the reality that the buzz around ChatGPT was just one first step in the AI revolution, there are now hundreds of applications and extensions that leverage generative AI to perform a whole host of tasks. But many...more

Davis Wright Tremaine LLP

Liability in Washington: Who Pays for Construction Defects that Pose Safety Risks?

The rule of thumb in Washington state has been that contractors and developers cannot be held liable in negligence for construction defects.However, an unpublished decision filed December 12, 2022, by the Washington Court of...more

Rivkin Radler LLP

Can You Be Sued if a Worker is Injured on Your Property?

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It is important to note that if a contractor or worker gets injured on your job, you may be held legally responsible. Springtime not only brings warmer weather, luscious greenery, and colorful flowers to Long Island, but...more

Hendershot Cowart P.C.

Subrogation Defense for Contractors: What to Do When an Insurance Carrier Sues You

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A homeowner or property owner (your client or customer) files a claim with their homeowners or property insurance for damage. The insurance company then comes after you, alleging it was a construction or design defect that...more

Harris Beach PLLC

New York State Court of Appeals Sides with Defendants in Three Labor Law Section 240(1) Cases

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New York’s Court of Appeals sided with defendants in three recent decisions in cases alleging violations of New York Labor Law Section 240(1). New York’s Labor Law maintains particularly high standards for defendants that are...more

Amundsen Davis LLC

New Changes to Illinois’ Wage Payment and Collection Law Seeks to Pressure General Contractors to Become Union Signatory

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On June 10, 2022 Governor Pritzker signed into law two new amendments to the Illinois Wage Payment and Collection Act (“Act”) that now expose non-union general contractors to liability for the wages of their subcontractor’s...more

White and Williams LLP

Waive Your Claim Goodbye: Louisiana Court Holds That AIA Subrogation Waiver Did Not Violate Anti-Indemnification Statute and...

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In 2700 Bohn Motor, LLC v. F.H. Myers Constr. Corp., No. 2021-CA-0671, 2022 La. App. LEXIS 651 (Bohn Motor), the Court of Appeals of Louisiana for the Fourth Circuit (Court of Appeals) considered whether a subrogation waiver...more

Davis Wright Tremaine LLP

Washington Supreme Court Clarifies Affirmative Defense of Design Defects

In a recent ruling, the Washington Supreme Court confirmed and clarified the ability of contractors to shield themselves from liability for construction claims arising out of defects in owner-provided plans and...more

Saul Ewing LLP

Massachusetts Federal Court: Contractor and Contractor's Owner Personally Liable for Fraud and Conversion for Failing to Pay...

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A recent decision from the United States District Court for Massachusetts held a contractor and its owner personally liable for failing to pay a subcontractor and held that the contractor was liable for millions in damages to...more

Bracewell LLP

The New Rules: Liability Limitations for Construction Design Defects in Texas

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Through Senate Bill 219, now codified in Chapter 59 of the Texas Business & Commerce Code, the Texas legislature has reallocated the risks for construction design defect liability in Texas by joining a majority of...more

Rumberger | Kirk

Landowner’s Duty of Care in Florida, and the Special Case of Contractors

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In a premises liability case, the landowner’s standard of care is determined by the category of entrant.  Post v. Lunney, 261 So. 2d 146, 147 (Fla. 1972).  See also ARP v. Waterway E. Assoc., Inc., 217 So. 3d 117, 120 (Fla....more

Bradley Arant Boult Cummings LLP

Expansion of Premises Liability for Construction Owners

A property owner is generally liable for hazards on the property that injure others. On construction projects, this presents a significant risk for owners because there are always multiple hazards present, and the owner,...more

Davis Wright Tremaine LLP

Washington Appellate Court Provides Guidance on Application of Spearin Doctrine and Allocation of Delay

On September 14, 2020, Division One of the Washington Court of Appeals provided clarification in the case of Lake Hill Investments, LLC. V Rushforth Construction Company, Inc., Case No. 79116-8-I, on how the Spearin Doctrine...more

Ervin Cohen & Jessup LLP

New Law Holds Contractors Liable for Subcontractors’ Non-Payment of Wages

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Assembly Bill 1701 (AB 1701) provides a “direct contractor” is liable for the wages, benefits and contributions (plus interest) owed by its subcontractor(s), even if the subcontractor has been paid for the work. A “direct...more

Farella Braun + Martel LLP

Courts Misunderstand the Meaning of “That Particular Part”

This is part one of a two-part series looking at how court decisions in recent years have thwarted general contractors’ reasonable expectation of coverage under their general liability policies....more

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