Massachusetts Statute of Repose Applies One Building At a Time
12/22/20
By: David Slocum
The Massachusetts Supreme Judicial Court (the “SJC”) recently issued an important decision addressing the previously unanswered question of when the Massachusetts 6-year statute of repose for defective design, planning, or construction is triggered for purposes of alleged …
Lawfully Constructing or Lawful Construction: A Question for Another Court
11/17/20
By: Brittany Kurtz and William H. Catto
The Pennsylvania Superior Court kicked the can down the road on deciding recent contentions regarding the Statute of Repose defense that many general contractors and subcontractors rightfully assert in the voluminous stucco litigation …
Proposed Executive Order Regarding Design of Federal Buildings Stirs Up Architecture Community
10/29/20
By: Matt Foree
Earlier this year, a draft Executive Order was leaked to an architectural publication and quickly spread across the architecture community. The Executive Order, entitled “Making Federal Buildings Beautiful Again,” discussed guidelines for the design of Federal buildings. …
10/23/20
The recent New Jersey Supreme Court decision in Sun Chemical put defense counsel on notice of the potential for valid Consumer Fraud Act (“CFA”) claims to arise in cases involving allegations of express misrepresentation regarding the sale …
Weathering the Storm: When Hurricane Damage Leads to Construction Defect Claims
10/22/20
By: Jennifer Adair
With recent decades bringing an uptick in hurricane activity and increasingly strengthening storms, builders must brace for a swell of claims. Insurers typically anticipate the traditional claims for property damage caused by wind and water. However, such …
9/17/20
By: Ben Dunlap
A recent ruling by the United States District Court for the District of Massachusetts underscores the importance of confirming the effectiveness of coverage for contractors and subcontractors on construction projects. In Factory Mut. Ins. Co. v. Skanska …
Statute of Limitations Tolled in California Amid Pandemic
8/3/20
By: Matthew Jones
In response to the COVID-19 pandemic, California’s Governor Gavin Newsom issued a “state of emergency” for the entire State. In response, the California Judicial Council adopted several Emergency Rules to implement during the pandemic. In particular, Rule 9 states …
Are Construction Codes Copyrightable?
7/10/20
By: Catherine Bednar and Kathleen Cusack
A case pending in the Southern District of New York is exploring the question of whether model construction codes can be copyrighted. The case, International Code Council v. UpCodes, was filed in 2017 …
States Target Infrastructure Investment to Spark Economic Recovery
6/22/20
By: Thomas Hay
Government leaders and industry groups are contemplating a major investment in infrastructure in the anticipated “Phase 4” coronavirus relief package. Last week, the American Public Works Association (APWA) called upon Congress to include infrastructure investment as a key …
Art or Blight? Developers Should Think Twice Before Removing Graffiti
6/3/20
By: Jennifer Adair
In an opinion heralded by the street art community, the United States Court of Appeals for the Second Circuit affirmed a $6.75 million award of statutory damages against a building developer who willfully violated the Visual Artists …
Boston Implements New COVID-19 Safety Procedures for Construction Sites
5/13/20
By: Catherine Bednar
On May 5, 2020, the City of Boston activated new COVID-19 safety procedures for active construction sites, which are currently limited to projects meeting the City’s definition of emergency or essential work. The City also targeted dates …
4/8/20
By: Tom Ward
On March 30, 2020, Governor Brian Kemp issued an executive order that applies to the plan review and inspection requirements for the construction of hospitals, ambulatory health care centers, nursing homes, jails, penal institutions, airports, buildings or …