6/28/22
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 association begins to run upon “substantial completion” of the structure. While the Supreme Court recognized that the discovery…
Changing Tides: WOTUS and the Jurisdiction of the Clean Water Act
5/23/22
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 of any pollutant from any point source to navigable waters and the discharge of dredged or…
New Bridge Projects Raise New Opportunities and Risk Considerations
4/14/22
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. The shocking aftermath of the collapse is seen in the photograph above. The National Transportation…
2/1/22
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 on to the state senate where it has been assigned to the Judiciary Committee. The…
1/28/22
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 all pending civil actions in the State of New York. The Act amends CPLR 3101(f), a discovery…
New Year’s resolutions for design professionals: negotiate new contracts carefully
1/20/22
By: Catherine Bednar The start of a new year is an excellent time for design professionals to review and implement measures for avoiding and minimizing their potential exposure from liability claims. Below are some key contract issues to consider as you pursue new projects and business opportunities. Avoid Heightened Standards of Care and Warranties. Architects…
9/30/21
By: Hannah-Kate Gosch Are general contractors covered when the cost of repairing or removing a subcontractor’s defective work results in the loss of use of the tangible property which is not itself physically damaged? The United States Court of Appeals for the Eleventh Circuit recently addressed this issue in Tricon Development of Brevard, Inc. v. Nautilus…
Pennsylvania House of Representatives introduces anti-indemnity bill
9/23/21
By: Joshua Ferguson The Pennsylvania House of Representatives introduced House Bill 1886, legislation amending Act 164 of 1970, which relates to Indemnification Agreements in certain contracts. Like Act 164, the bill itself appears to cover agreements between ”architects, engineers or surveyors and owners, contractors, subcontractors or suppliers.” Beyond the limited Act 164, Pennsylvania does not have an anti-indemnity statute regarding contracts for the industries identified above. …
Design and construction litigation: Is your expert really an expert?
9/3/21
By: Samuel Gallman When determining who to use as an expert, the question often arises, “is my expert qualified to opine on the subject matter I have retained him/her for?” When answering this question, two things must be considered. First, whether the witness is legally qualified to testify as an expert. Second, whether the expert is actually…
Georgia Legislature Resolves Glaring Issue with Mechanic’s Lien Law
6/11/21
By: Shaun Foley In Georgia, anyone who furnishes labor, materials, or professional services for the improvement of private property has the right to file a mechanic’s lien. Liens are especially useful for contractors who do not receive payment after work is performed because filing one provides them with a security interest in the property. This…
Forum Selection Clause Dooms Subcontractor Suit
5/28/21
By: Ben Dunlap The First Circuit Court of Appeals recently affirmed the dismissal of a subcontractor’s suit against a construction contractor, holding that the trial court correctly enforced the terms of the parties’ agreement as to where a lawsuit could be filed. The case focuses attention on an often-overlooked area of construction law contracting: the…
5/27/21
By: Ryan Mayo Owners, contractors, and subcontractors should be aware of the importance of detailing warranties in construction contract clauses. Failure to clearly state such warranties could result in a party’s liability for violation of implied warranties should litigation occur. Prior to the U.S. Supreme Court’s decision in United States v. Spearin, 248 U.S. 132 (1918),…