We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.
In cooperation with Association of Corporate Counsel
  Request new password

Search results

Order by most recent / most popular / relevance

Results: 1-10 of 1,125

The economic loss doctrine strikes again: Supreme Court of Wisconsin holds property owners have no tort claims against concrete supplier

  • Quarles & Brady LLP
  • -
  • USA
  • -
  • August 13 2013

The economic loss doctrine precludes parties to a contract from bringing tort claims to recover purely economic or commercial losses associated with

Indiana Court of Appeals addresses rules regarding public works projects

  • Frost Brown Todd LLC
  • -
  • USA
  • -
  • April 16 2010

In a memorandum decision not for publication, the Indiana Court of Appeals addressed an attempt to seek a declaratory judgment by the Associated Builders & Contractors Indiana Chapter, Inc. (“ABC”

Appellate Court reverses Trial Court’s summary judgment, finding clause not eligible for pay-if-paid treatment

  • Frost Brown Todd LLC
  • -
  • USA
  • -
  • May 22 2012

In Evans, Mechwart, Hambleton & Tilton, Inc. v. Triad Architects, LTD, 2011-Ohio-4979 (10th District), the Tenth District Court of Appeals in Ohio examined a payment clause in a construction contract and determined that summary judgment rendered for an architect should be reversed and, instead, judgment entered in favor its sub-consultant

New York appellate court: question of fact concerning additional insured obligations precludes summary judgment

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • February 25 2008

A New York appellate court recently held that factual issues should have precluded summary judgment for a subcontractor and its insurer concerning whether they were obligated to provide defense and indemnification to a general contractor pursuant to the subcontract entered into between the general contractor and subcontractor

Secured lenders beware: well testing and drilling by third-party constitutes first actual physical improvement under Michigan Construction Lien Act

  • Barnes & Thornburg LLP
  • -
  • USA
  • -
  • March 9 2012

The Michigan Court of Appeals recently held that well testing and drilling performed on vacant real estate that was later developed into a subdivision constituted the first actual physical improvement under the Michigan Construction Lien Act, MCL 570.1191 et seq. (the Act

Connecticut Supreme Court upholds decision requiring insurer for subcontractor to defend contractor

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • July 18 2008

The Supreme Court of Connecticut recently affirmed a 2006 Superior Court decision that a liability insurer for a subcontractor was required to provide a defense for the general contractor in connection with a lawsuit alleging workplace injuries to employees of the subcontractor allegedly injured on the job

9th Circuit requires EPA to set storm water runoff limits for construction activities

  • Gardere Wynne Sewell LLP
  • -
  • USA
  • -
  • October 20 2008

The 9th Circuit upheld a decision requiring the EPA to set storm water runoff limits for construction activities by Dec. 1, 2009

Landlord liability on the rise as a result of negligent oversight of construction and design

  • Baker Donelson Bearman Caldwell & Berkowitz PC
  • -
  • USA
  • -
  • October 3 2008

In Geringer v. Hartz Mountain Development Corporation, the Superior Court of New Jersey held that while a landlord owed no duty to maintain or repair a stairway within the tenant's leased space when the lease expressly delegates such responsibility upon the tenant, the landlord did owe a non-delegable duty of care in approving the design and construction of the stairway when no construction could proceed without the landlord's review and approval of the tenant's plans and specifications

Maryland court holds arbitration clause in a contract partially unenforceable

  • Kelley Drye & Warren LLP
  • -
  • USA
  • -
  • May 7 2012

In College Park Pentecostal Holiness Church v. General Steel Corp., Civ. No. PJM 09-2070 (D. Md.), the United States District Court for the District of Maryland struck down several portions of an arbitration clause in a standardized construction contract as unconscionable

Setoff is not "damages" or insurable loss

  • Wiley Rein LLP
  • -
  • USA
  • -
  • March 1 2011

The Appellate Division of the New York Supreme Court has held that, under New York law, a setoff for defective work by an insured construction management company was not "damages" or insurable loss under an environmental liability policy