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 …
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
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 …
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 …
New Year’s resolutions for design professionals: negotiate new contracts carefully
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 …
Caution to Contractors – How your subcontractor’s defective work can cost you in the Eleventh Circuit
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 …
Pennsylvania House of Representatives introduces anti-indemnity bill
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 …
Design and construction litigation: Is your expert really an expert?
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 …
Georgia Legislature Resolves Glaring Issue with Mechanic’s Lien Law
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 …