News & Analysis as of

Liability Construction Industry

Hahn Loeser & Parks LLP

Expanding Intrigue of AI in Construction

Artificial Intelligence (“AI”) has roared into the discourse of the new economy. While the construction industry has lagged behind in its implementation, there is no doubt that AI has become an inescapable reality....more

Smith Debnam Narron Drake Saintsing & Myers,...

Effective Strategies for Handling Construction Defect Claims

In 2022, North Carolina was bustling with new construction projects, ranking as the sixth highest state for newly built homes. With so much building going on, construction defect claims are bound to pop up. These claims can...more

Snell & Wilmer

Practical Tips for Negotiating an Effective Contractual Limitation of Liability

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In this author’s experience, the most effective contract terms are those that mirror the parties’ business expectations and negotiations and allocate risk in a fair and balanced manner. Some advocates treat contract...more

Vinson & Elkins LLP

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

Vinson & Elkins LLP on

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

J.S. Held

Exploring Wood-Framed Roof Collapses: Causation and Identifying Responsible Parties

J.S. Held on

AN OVERVIEW OF THE CAUSES OF ROOF FAILURE - Collapses of wood-framed roofs are frequently reported in North America, ranging from simple agricultural roofs to complex roofs in industrial buildings. Controllable factors...more

Frantz Ward LLP

Stick to Supervision: Best Practices For General Contractors to Avoid Liability Under the “Doctrine of Active Participation”

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It has long been established under Ohio law that a construction site is an inherently dangerous workplace and a subcontractor who works at a construction site is engaging in inherently dangerous work. Generally, Ohio law...more

Snell & Wilmer

The Prevalence and Challenges of Loss of Productivity Claims in Today’s Construction Industry

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Losses of labor productivity issues and claims seem to have taken on more prominence in the last few years due to labor shortages, material shortages, and the quickly changing economics and supply change issues affecting the...more

Frantz Ward LLP

The Design Liability Hot Potato: The Spectrum Between Collaboration and Delegated Design

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The Benefits of Collaboration - In today’s construction industry, it is no secret that there is always increasing pressure to speed up schedules and to keep costs down. One key factor that can help achieve these goals is to...more

Bradley Arant Boult Cummings LLP

Cybersecurity Risks to AI Adoption in Construction

The adoption of predictive maintenance (PM), an artificial intelligence (AI) driven strategy that anticipates potential equipment failures using Internet of Things (IoT) sensors, holds immense promise for the construction...more

Marshall Dennehey

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

Marshall Dennehey on

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

Saiber LLC

The Saiber Construction Law Column: April 2023

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Under New Jersey law, parties who hire independent contractor are not responsible for harm that occurs to the contractor’s employees as a result of the very work that the employee was hired to perform. In September 2022, the...more

Tarter Krinsky & Drogin LLP

Indemnity Provisions – What You Need to Know

The indemnification clause is one of the most important provisions in a construction contract. It transfers risk from one party, the “indemnitee,” to another party, the “indemnitor.” The risk is transferred by way of the...more

Saul Ewing LLP

Delaware Federal Court Imposes Limit on Surety's Liability Under Performance Bond

Saul Ewing LLP on

A recent decision from the United States District Court for Delaware held that a surety was not liable for consequential damages to a building owner after a default by its contractor because the surety’s liability could not...more

Saul Ewing LLP

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

Saul Ewing LLP on

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

Bricker Graydon LLP

[Ongoing Program] Specific Claims – Unforeseen Site Conditions - October 21st, 12:00 pm - 12:45 pm EST

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19th Annual Top Gun Premier Midwest Construction Claims Webinar Series - Bricker & Eckler's construction attorneys are proud to present "Top Gun," our premier Midwest construction claims webinar series. This free event...more

Dickinson Wright

Builders Beware: The Implied Warranty of Workmanship and Habitability Is Set in Stone

Dickinson Wright on

To protect homebuyers, Arizona law provides for certain warranties to be included in every contract. The most significant of those warranties, the implied warranty of workmanship and habitability, requires builders to...more

Baker Donelson

Alabama Design Professionals: New Law Could Affect Your Contract Provisions for Liability

Baker Donelson on

Alabama SB261, which went into effect on July 1, 2021, affects design professionals in Alabama in many ways. Understanding how the new law can affect you and your business, and updating any existing contracts or policies to...more

Tarter Krinsky & Drogin LLP

Law Brief®: David Pfeffer and Richard Schoenstein Discuss the Legal Implications of Infrastructure Collapses

On the latest Law Brief® episode, David Pfeffer, Partner and Chair of the Construction Practice, joins Host Richard Schoenstein to discuss the legal implications of building collapses, and more common partial collapses. David...more

Rivkin Radler LLP

New York Insurance Coverage Law Update - June 2021

Rivkin Radler LLP on

First Department Finds Exterior Work Over Two Stories Exclusion Did Not Apply To Accident From Work On Lower Floors- Adelphi University hired a general contractor for a construction project to build, from the ground up, a...more

Fox Rothschild LLP

NY Amends Proposed Construction Industry Wage Law, But Burden On Contractors Remains

Fox Rothschild LLP on

New York appears poised to enact a modified version of legislation that would create potential liability for general contractors when their subcontractors fail to properly pay their employees. As noted in our prior...more

Bricker Graydon LLP

[Webinar] Specific Claims – Unforeseen Site Conditions - October 22nd, 12:00 pm - 12:45 pm EST

Bricker Graydon LLP on

Bricker & Eckler's construction attorneys are proud to present "Top Gun," our premier Midwest construction claims webinar series. This free event will cover: - Important construction concepts, including key contract...more

Robinson+Cole Construction Law Zone

California and Maryland Have Enacted Legislation Essentially Making The General Contractor the Guarantor for All Wages on the...

It’s been said that as California goes, so goes the nation. If so, general contractors throughout the country may soon be taking on more responsibility for the unpaid wages of the workers on their construction projects than...more

Bradley Arant Boult Cummings LLP

Failure by Injured Party to Take Reasonable Action May Limit Recovery - Construction and Procurement Law News, Q2 2018

There are instances where a party’s breach of the construction contract is undisputed. However, the amount of recoverable damages often hinges on the injured party’s own conduct both during and following that breach. The...more

Ervin Cohen & Jessup LLP

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

Ervin Cohen & Jessup LLP on

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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