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Results: 1-10 of 76

"Negligent entrustment" of construction equipment
  • Duane Morris LLP
  • USA
  • November 6 2013

A rental company leases a forklift to a construction company, whose unlicensed and untrained operator causes another worker's injury. The injured


Property owner is strictly liable for Building Code violation
  • Duane Morris LLP
  • USA
  • April 11 2014

The owner of a building open to public use will be strictly liable for damage or injury resulting from a code violation, under a decision issued by


Waiver of subrogation “work” versus “non-work”
  • Duane Morris LLP
  • USA
  • March 13 2014

The Indiana Court of Appeals has been busy addressing the scope of subrogation waivers. The latest decision is an argument over whether the waiver


Should your indemnity survive termination or completion of the contract?
  • Duane Morris LLP
  • USA
  • September 26 2013

A recent appellate decision confirms that an indemnity in a construction equipment installment sales contract did not continue once final payment was


A key lesson for owners and prime contractors about payments
  • Duane Morris LLP
  • USA
  • March 14 2013

Consider the following scenario: A prime contractor with a financially-shaky subcontractor agrees with the subcontractor's secured lender to make


Massachusetts Appeals Court invalidates mechanic's liens against condo common areas
  • Duane Morris LLP
  • USA
  • January 11 2012

A Massachusetts Appeals Court decision last month portends far-ranging implications for the construction industry


Two insurance lessons, one expected and one not
  • Duane Morris LLP
  • USA
  • June 21 2012

The New York tower crane collapse in 2008 spawned many insurance claims


Statutory payment protection can’t be contracted away
  • Duane Morris LLP
  • USA
  • August 2 2012

The Massachusetts Supreme Judicial Court has held that a subcontractor’s rights to pursue a payment bond required by law on a public project can’t be nullified by contract


Construction accidents and criminal charges rarely mix
  • Duane Morris LLP
  • USA
  • April 26 2012

The acquittal today of crane rental company owner James Lomma, on charges of negligent homicide and manslaughter, brings to a close the third high-profile New York criminal case against construction workers or executives with a not guilty verdict


Resurrection of the UConn library lawsuit (no time runs against the king)
  • Duane Morris LLP
  • USA
  • November 7 2012

Back in January, I wrote on the pending dispute about whether the State of Connecticut could file suit against contractors and designers twelve years after completion of the UConn library