In Illinois, commercial general liability policies may now cover construction defects
6/27/24
By: Kolton A. Reed and Kingshuk K. Roy
Background
The Illinois Supreme Court in Acuity v. M/I Homes of Chicago, LLC, 2023 IL 129087 overturned decades old precedent in holding that a subcontractor’s defective work that results in property damage …
General contractor responsible for payment, even when subcontractor is hacked
6/13/24
By: Matthew P. Delfino and Jason M. Pannu
As the quantity and complexity of cyber threats continues to increase across various industries, a recent case from the U.S. District Court in Maryland highlights some of the security risks particular to …
Joint defense and tolling agreements: Navigating common interests between defendants in construction cases
4/23/24
By: Catherine A. Bednar
Many design and construction disputes involve multiple defendants, including architects, engineers, contractors, subcontractors, and consultants. Used in many types of cases, Joint Defense Agreements and Tolling Agreements can be especially effective in large, multi-party construction actions. …
Recent ruling defines Pennsylvania’s Statute of Repose as strong defense in construction defect litigation
11/29/23
By: Nicholas J. Hubner
The Statute of Repose is a viable defense in cases dealing with construction defects in Pennsylvania. It limits the liability of builders for defects by barring suits filed 12 years from the date construction is completed. …
Tennessee’s new peer professional privilege
9/11/23
By: Jason M. Pannu and Timothy R. Gilbert
The Tennessee Supreme Court recently established a common law evidentiary privilege, specifically shielding defendant healthcare providers from being compelled to testify as to the standard of care applicable to other defendant healthcare …
Beware of Unpaid Illinois Subcontractor Employees
3/28/23
By Dustin Karrison and Kolton Reed
General contractors are now obligated to pay the unpaid wages of a subcontractor’s employee, following recent amendments to the Illinois Wage Payment and Collection Act. The Act applies to all construction contracts executed after …
Massachusetts Appeals Court Clarifies Scope of the Statute of Repose
3/3/23
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
11/22/22
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
9/12/22
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
7/15/22
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
7/11/22
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
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Massachusetts Appeals Court extends protections of the Statute of Repose
7/7/22
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) …