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Contractors beware - be careful in settling a construction defect claim without your insurer's prior consent
  • Ober Kaler
  • USA
  • August 14 2014

A recent decision by the U.S. Court of Appeals for the Fourth Circuit, PeriniTompkins Joint Venture v. ACE American Ins. Co., 783 F.3d 95 (2013

PA amends Mechanic's Liens Law
  • Pillsbury Winthrop Shaw Pittman LLP
  • USA
  • August 12 2014

On July 9, 2014, Pennsylvania Governor Tom Corbett signed into law Senate Bill 145 (aka "Act 117"), amending Pennsylvania'sMechanics' Lien Law of

Determining the number of occurrences arising from multiple construction defects ... It depends on who is sued
  • Pillsbury Winthrop Shaw Pittman LLP
  • USA
  • August 15 2014

The United States District Court for the District of Oregon held that property damage incurred to a condominium project resulting from a myriad of

Ohio Supreme Court clarifies what is a “pay-if-paid” clause
  • Frost Brown Todd LLC
  • USA
  • July 21 2014

On July 17, 2014,the Ohio Supreme Court continued its literal interpretation and application of construction contracts. In the case, Transtar Elec

Fifth Circuit reverses itself on contractual liability exclusion
  • Phelps Dunbar LLP
  • USA
  • November 25 2014

The U.S. Fifth Circuit Court of Appeals recently granted a motion for reconsideration and then withdrew and reversed its earlier opinion based upon

Apartment complexity: appellate court sorts out multiple coverage claims for construction of uninhabitable residence
  • Carlton Fields Jorden Burt
  • USA
  • November 25 2014

In QBE Ins. Corp. v. Adjo Contracting Corp. (N.Y. App. Div. 2d Dep’t Oct. 29, 2014), an intermediate appellate court in New York confronted

It’s getting harder to say goodbye
  • Holland & Knight LLP
  • USA
  • January 18 2013

The National Labor Relations Act (NLRA or Act) allows employers, including those in the construction industry, to join together to bargain with a

California Appellate Court expands rights to homeowners in construction defect cases beyond remedies provided in the California Right to Repair Act
  • Wilson Elser
  • USA
  • September 19 2013

On August 28, 2013, the California Appellate Court (Fourth District) issued its ruling in the case of Liberty Mutual Insurance Company v

Common-law or statutory payment bond: do you know what type of bond your contract requires?
  • Pillsbury Winthrop Shaw Pittman LLP
  • USA
  • April 3 2014

How confident are you that the payment bond your subcontract required you to obtain falls within your state's payment bond statutory scheme? In Hard

Construction law alert: long term express warranties
  • Nexsen Pruet
  • USA
  • April 1 2014

A recent holding by the North Carolina Court of Appeals is threatening to render many long-term express warranties ineffective. In a divided opinion