News & Analysis as of

Construction Industry Duty of Care

Snell & Wilmer

A Recent Washington Supreme Court Decision Underscores the Significance of Safety Protocol Provisions in Construction Contracts

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Under Washington common law, property owners owe a duty of reasonable care to “invitees” (essentially, persons invited onto the land by the owner), which requires owners to inspect for dangerous conditions and to make such...more

BCLP

Limitation periods and concurrent duty in tort and contract

BCLP on

In Sheffield Teaching Hospital Foundation Trust v Hadfield Healthcare Partnership Ltd and others, the Technology and Construction Court provides helpful guidance about the use of standstill agreements to pause limitation...more

Snell & Wilmer

No Longer Foreseeable? Cal-Am’s Impact for the Construction Industry

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Clarifying its case law, Arizona’s Supreme Court further limited when foreseeability can establish a duty for tort liability in its recent Cal-Am opinion. Key for contractors and design professionals, while the decision could...more

Ward and Smith, P.A.

The Application of North Carolina's Economic Loss Rule to Commercial Construction Projects

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This article addresses recent developments in North Carolina law regarding the economic loss rule, explores the application of the economic loss rule to commercial construction projects in light of those developments, and...more

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

Asbestos/Duty of Care: Connecticut Court Addresses Construction Project/Liability Issues

The Superior Court of Connecticut (Judicial District of Hartford) (“Court”) addressed in a September 30th opinion certain issues arising in an asbestos exposure case. See Julian Poce, et al., v. O&G Industries, Inc., et al.,...more

Bradley Arant Boult Cummings LLP

Sox Are ‘Slippery When Wet’: Contractor May be Liable for Injury Caused by Work Installed According to Customer Specifications

An Illinois appellate court recently addressed the scope of negligence liability for a slip and fall injury on a newly installed roof at the Chicago White Sox Stadium. In 2013, a maintenance employee slipped on the roof at...more

Bradley Arant Boult Cummings LLP

Florida Courts Consider Control, Not Contractual Privity, for Negligence Claims Against Design Professionals - Construction and...

Though many states require a contractor to hold a contract directly with a design professional to pursue a claim against a designer for design omissions or defects, a recent case confirms that, in Florida, contractual privity...more

King & Spalding

Energy Newsletter - March 2018

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Good news at last for the development of offshore wind projects in France - While France had launched in 2011 a very ambitious offshore wind farm development program, aiming to reach 6 GMW of wind turbine installations at...more

Troutman Pepper

No Privity, No Problem: Louisiana Court Of Appeals Holds That Project Manager Owes A Duty Of Professional Care To General...

Troutman Pepper on

Lathan Co. v. State, No. 2016-CA-0913, 2017 La. App. LEXIS 2277 (La. App. 1st Cir. Dec. 6, 2017). On December 6, 2017, the Louisiana Court of Appeals, First Circuit, reversed and remanded the trial court’s decision to...more

Schwabe, Williamson & Wyatt PC

The 2017 AIA Changes that Matter to Owners

Last time, we discussed how some of the 2017 revisions to the American Institute of Architects (AIA) form design and construction contracts benefit general contractors. Such revisions added clarity to provisions concerning...more

Faegre Drinker Biddle & Reath LLP

Construction Contracts, Third Party Claims and Tort Law Liability

What tort obligations does a design professional on a construction project owe to non-parties — like, for example, the persons who will use what has been designed after it is built? Tort law involves the idea of a duty of...more

Bradley Arant Boult Cummings LLP

Contractor Assumes Non-Delegable Duty of Care for Safety of All Project Employees Through Standard Form Contract - Construction...

The construction industry’s use of standard form contracts (such as the AIA family of documents) is widespread and provides parties with consistent terms that govern their respective project obligations and the allocation of...more

Williams Mullen

2016: A Busy Year for the Supreme Court of Virginia, Including 2 Significant Decisions for the Construction Industry

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If you are a design professional providing services in Virginia, or a general contractor on a public works project for the Commonwealth of Virginia, you need to know of two Virginia Supreme Court decisions in 2016. You ask...more

Fisher Phillips

Employers Beware: Indiana Supreme Court Expands the Scope of the “Duty of Care” Owed to a Subcontractor’s Employees

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In light of a recent decision from the Indiana Supreme Court, Indiana employers—and construction companies in particular—should review their contracts and subcontracts to determine if they have unwittingly assumed a duty of...more

Davis Wright Tremaine LLP

Washington State Ruling Heightens Liability Risk for Design Professionals

Recently, the Washington Court of Appeals potentially expanded the scope of tort duties owed by design professionals. In a May decision, the court held that an engineer’s duty of care to developers and property owners...more

Troutman Pepper

U.S. District Court for Northern District of California Holds Engineer May Be Liable to Contractor for Breach of Professional Duty...

Troutman Pepper on

Apex Directional Drilling, LLC v. SHN Consulting Eng’rs & Geologists, Inc., 2015 U.S. Dist. LEXIS 105537 (N.D. Cal. Aug. 11, 2015) - The United States District Court for the Northern District of California held that an...more

Pullman & Comley, LLC

Appellate Court Notes

Pullman & Comley, LLC on

Supreme Court Advance Release Opinions: - SC19330 - Lawrence v. O & G Industries, Inc. - SC19331 - Beamer v. O & G Industries, Inc. Construction companies do not owe a duty of care to workers employed on a job...more

Carlton Fields

Real Property, Financial Services & Title Insurance Update: Week Ending September 4, 2015

Carlton Fields on

REAL PROPERTY UPDATE - Foreclosure/Standing: party whose motion to intervene in foreclosure action was denied did not have standing to appeal final judgment of foreclosure – Market Tampa Investments, LLC. V Stobaugh,...more

K&L Gates LLP

High Court Finds No Duty of Care From Builder to Owners Corporation

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The High Court has held that a builder of a serviced apartment complex does not owe a duty of care in negligence for financial loss arising from defects in common property to an owner's corporation (Brookfield Case). ...more

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