7/12/24
By: Catherine A. Bednar and Andrew M. Vandini
On June 17, 2024, in Bus. Interiors Floor Covering Bus. Tr. v. Graycor Constr. Co.,1 the Massachusetts Supreme Judicial Court answered an issue left undecided by Tocci Building Corp. v. …
7/12/24
By: Catherine A. Bednar and Andrew M. Vandini
On June 17, 2024, in Bus. Interiors Floor Covering Bus. Tr. v. Graycor Constr. Co.,1 the Massachusetts Supreme Judicial Court answered an issue left undecided by Tocci Building Corp. v. …
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 …
American Arbitration Association updates construction industry rules and mediation procedures
5/8/24
By: David A. Slocum
For the first time in nearly a decade, the American Arbitration Association (“AAA”) recently issued a revised version of the Construction Industry Rules and Mediation Procedures (the “Rules”) applicable to construction industry disputes proceeding before the …
11/29/23
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. …
Tiebreaker or Deal-breaker? Order of Precedence in Construction Contracts
7/24/23
By: Alexander S. Gebert and Timothy B. Soefje
In baseball and softball, when a runner arrives at a base at the same time as the ball, the runner is thought to be safe. In other words, a tie goes to …
U.S. Supreme Court Expands Lands Available For Construction By Limiting The Clean Water Act
6/29/23
By: John L. Kortum
The United States Supreme Court vastly expanded the range of lands available for construction projects in a recent opinion limiting the reach of the Clean Water Act. By interpreting the phrase “waters of the United States” …
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 …
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
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 …
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 …