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Illinois Supreme Court upholds dismissal of School District’s claim against its architect
  • Franczek Radelet PC
  • USA
  • February 26 2014

The Illinois Supreme Court recently issued a decision in Gillespie Community Unit School District No. 7 v. Wight & Company that upholds the dismissal

California Court of Appeal opens the door for construction defect claims outside of SB800
  • Allen Matkins Leck Gamble Mallory & Natsis LLP
  • USA
  • September 3 2013

On August 28, the California Court of Appeal ruled that SB800 (Civil Code sections 895 through 945.5, the "Right to Repair Act") is not the only

Spoliation: notice and opportunity to inspect
  • Barnes & Thornburg LLP
  • USA
  • July 15 2013

In recent years, numerous courts have addressed the issue of spoliation in the context of commercial construction disputes. Despite jurisdictional

Bond claimants beware
  • Dorsey & Whitney LLP
  • USA
  • September 18 2012

Yesterday, the Minnesota Court of Appeals held that strict compliance with payment bond notice requirements are essential and even a minor defect in service cannot be waived

New Jersey appeals court finds contractor personally liable for fraud in failing to pay subcontractor
  • Lowenstein Sandler LLP
  • USA
  • September 18 2012

The New Jersey Appellate Division recently issued an unpublished opinion involving the false certification by the principal of a general contractor of payments to a subcontractor

Sixth Circuit holds general contractor liable for harassment and retaliation against sub's employees
  • Parker Poe Adams & Bernstein LLP
  • USA
  • January 10 2014

Liability under Title VII is premised on an employer-employee relationship. Parties not in an employment relationship cannot be found liable for

Beware: partial releases and waiver of claims are enforceable, but can be waived
  • Duane Morris LLP
  • USA
  • May 13 2013

In the construction industry, the payment application process usually requires contractors and subcontractors to complete a great deal of paperwork

Westmoreland County, PA contractors sued by PA Attorney General
  • Fox Rothschild LLP
  • USA
  • January 25 2012

The Pennsylvania Attorney General has again filed lawsuits against contractors based on the Pennsylvania Home Improvement Consumer Protection Act

Court rejects application of subcontract’s no-damages-for-delay clause
  • Robinson & Cole LLP
  • USA
  • August 18 2014

A recent Massachusetts Superior Court decision refused to enforce a subcontract's no-damages-for-delay clause and allowed a subcontractor to recover

Federal court in Mississippi holds surety is limited to relying on position upon which coverage was denied
  • Phelps Dunbar LLP
  • USA
  • October 1 2014

A federal court in Mississippi ruled that a surety was limited to the defenses raised in a coverage denial, notwithstanding the fact that the surety