Statute of Repose Does Not Bar Claims Resulting from Improper Maintenance
1/9/20
By: Tom McCraw
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The Massachusetts Appeals Court recently held that the six-year statute of repose (G.L. c. 260, § 2B) did not bar a homeowner’s insurer’s subrogation claim against a gas company for damages caused by the company’s failure to …
Pennsylvania Taking Steps to Help the Small Contractor
11/21/19
By: Josh Ferguson
There are currently two bills in the Pennsylvania House of Representatives intended to limit the ability of property owners, managers and general contractors from pushing their liability onto the sub-contractors.
Pennsylvania State Representatives introduced House Bill 1887, …
Georgia’s Statute of Repose Bars Contractual Claims Involving Deficient Construction
11/21/19
By: Jake Carroll
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Georgia’s statute of repose provides an eight (8) year deadline for actions seeking to recover damages for deficiencies in construction.[1] The period runs from the substantial completion of the work, and was enacted with the intent …
How Technology is Changing the Construction World
10/8/19
By: Aaron Miller
![](https://www.fmglaw.com/FMGBlogLine/wp-content/uploads/2019/10/Dec-28-2018-Zach-Moura-BLOG-300x200.jpg)
The construction industry is growing at an enormous rate. The Bureau of Labor Statistics expects the industry to add over 800,000 jobs between 2016 and 2026, finishing top amongst goods-producing industries. Part of the reason for …
The Statute of Repose Defense is Expanded
9/23/19
By: Jeff Alitz
In John C. Rankin v. South Street Downtown Holdings, Inc v. Truexcullins and Partners Architects, decided August 6, 2019, The New Hampshire Supreme court extended the application of that state’s Statute of Repose to bar not …
Georgia Federal Judge Enforces Contractual Liability Limitation, Cuts Jury Verdict in Half
9/19/19
By: Jake Carroll
![](https://www.fmglaw.com/FMGBlogLine/wp-content/uploads/2019/04/iStock-919426172-300x200.jpg)
A federal judge in Georgia enforced a limitation of liability clause in a construction contract for engineering services—reducing the jury’s award from $5.7 million to just over $2 million. See U.S. Nitrogen LLC v. Weatherly, Inc., …
California Prompt Payment Act: A Tool In The Tool Belt To Secure Payment
9/13/19
By: David Molinari
![](https://www.fmglaw.com/FMGBlogLine/wp-content/uploads/2019/06/iStock-981344368-300x200.jpg)
In the construction industry, payments come slowly. Prompt payment laws exist in some form nationwide and can vary from state to state. These laws serve to create timelines for when payments must be made and institute interest …
Speak Now or Forever Hold Your Peace: Construction Claim Arbitration and Res Judicata
8/20/19
By: Catherine Bednar
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The Supreme Court of Connecticut recently affirmed the Appellate Court’s determination that when a property owner and a general contractor enter into binding, unrestricted arbitration to resolve disputes, the subcontractors are presumptively in privity with the general …
Resilient Design: A Future Requirement?
6/17/19
By: Catherine Bednar
![](https://www.fmglaw.com/FMGBlogLine/wp-content/uploads/2019/06/iStock-981344368-300x200.jpg)
Today’s headlines reflect an increasing awareness of climate change and its impacts – rising sea levels, heightened flood risks, and potential wildfires, to name a few. Scientific research and political debate over the causes/effects of and policy …
The Referee Has Decided David Beckham Is Back in The Game
5/6/19
By: Samantha Skolnick
![](https://www.fmglaw.com/FMGBlogLine/wp-content/uploads/2019/05/iStock-992892836-300x169.jpg)
Soccer has become Atlanta’s new craze. In 2017, Atlanta’s soccer team Atlanta United broke the Major League Soccer (“MLS”) attendance record in its final regular-season game exceeding the 800,000 mark in its first year in the league. …
The EPA Acts, Kind of, on Asbestos
4/26/19
By: Koty Newman
![](https://www.fmglaw.com/FMGBlogLine/wp-content/uploads/2019/04/iStock-179312755-300x200.jpg)
On April 17, 2019, the EPA finalized a significant new use rule (“SNUR”) governing asbestos use. The SNUR ensures that any discontinued uses of asbestos will not re-enter the marketplace without the EPA’s review. The EPA explains …
Georgia Court of Appeals Provides Guideline for Drafting Enforceable Exculpatory Clauses in Georgia
4/23/19
By: Bart Gary and Jake Carroll
![](https://www.fmglaw.com/FMGBlogLine/wp-content/uploads/2019/04/iStock-919426172-300x200.jpg)
Exculpatory clauses are terms in a contract that shift the risk of loss to the other party or a third-party, or attempt to limit one’s obligations under a contract. A typical exculpatory clause is …