Massachusetts Appeals Court Clarifies Scope of the Statute of Repose
By: David Slocum
In a recent decision, the Massachusetts Appeals Court has clarified the scope of the significant protections afforded by the Massachusetts statute of repose to design professionals, contractors, subcontractors, and others involved with improvements to real property. …
Modular Construction Components: Claim and Defense Considerations
By: Doug P. Holthus and Eric M. Coglianese
With increasing frequency, commercial and residential construction projects incorporate modularized or “pre-fab” construction products. Prefabricated modules (smaller components designed to be incorporated into a larger structure, e.g., wall sections, roof sections, floor …
Owners and contractors beware: Massachusetts Appeals Court strictly interprets the Prompt Pay Act
By: David A. Slocum
A recent decision by the Massachusetts Appeals Court in Tocci Building Corp. v. IRIV Partners, LLC, 101 Mass. App. Ct. 133 (2022) has established precedent that the formal rejection requirements of the Massachusetts Prompt Pay Act, …
Managing Construction Claims Risk In The Age Of Gen Z and The Great Resignation
By: Tim Soefje
Construction and design professional firms that ignore how to effectively manage their workforce during this Great Resignation and post-Covid remote-work era will likely experience a significant increase in professional liability and construction defect claims.
In late 2021, …
Pennsylvania Limits Risk Transfer for Snow and Ice Management Services
By: Joshua Ferguson
Pending the signature of Governor Tom Wolf, Pennsylvania will become the 4th State/Commonwealth in recent years to pass some version of an anti-indemnity law relative to snow and ice management services agreements.
The Pennsylvania House of Representatives
Massachusetts Appeals Court extends protections of the Statute of Repose
By: David A. Slocum
In an important recent decision, the Massachusetts Appeals Court has extended the protections of the Massachusetts Statute of Repose to a painter of parking lot markings.
In Adam C. Smith v. Andrew Divoll, the plaintiff (Smith) …
Transition not substantial completion starts the clock: New Jersey amends statute of limitations for homeowner and condominium association construction defect cases
By: William Cheney
In 2017, the New Jersey Supreme Court, in Palisades at Fort Lee Condominium Association, Inc. v. 100 Old Palisade, LLC, et al., held that the statute of limitations for construction defect claims brought by a condominium …
Down It Goes! Illinois Prejudgment Interest Struck Down – What To Do Now
By: Jonathan Schwartz and Patrick Eckler
Judge Marcia Maras of the Circuit Court of Cook County struck down as violative of the Illinois state constitution, PA 102-0006, which permits prejudgment interest in personal injury and wrongful death cases. This ruling …
Changing Tides: WOTUS and the Jurisdiction of the Clean Water Act
By: Alec D. Tyra
Clean Water Act: What is WOTUS?
The Clean Water Act (CWA) was enacted to “restore and maintain the chemical, physical, and biological integrity of the Nation’s waters.” The act, among other things, regulates the discharge …
New Bridge Projects Raise New Opportunities and Risk Considerations
By: Eric Asquith
It made national news when the Fern Hollow bridge collapsed in Pittsburg, PA on January 28, 2022. Vehicles and a transit bus were on the bridge at the time of the collapse – 10 people were injured. …
Hold your own darn liability
By: Joshua Ferguson
The Pennsylvania legislature seeks to adjust risk transfer between parties to snow and ice management services contracts. By a unanimous vote, the Pennsylvania House of Representatives approved the Snow Removal Limited Liability Act, House Bill 1665, sending it …
New York’s 2022 Comprehensive Insurance Disclosure Act imposes sweeping changes to defendant insurance disclosure requirements
By: Paul Piantino III, Esq., Kaitlyn Grajek, Esq. and Julia Bover, Esq.
On December 31, 2021, New York Governor Kathy Hochul signed into law the Comprehensive Insurance Disclosure Act, (the “Act”). It takes effect immediately and applies to …