John Cooper | Jones Day | December 28, 2015 Imagine if, when a dispute involving defective design or defective construction first arose, it could be dealt with in a safe environment so that the defects could be remedied and the possible impacts of them limited, reduced or avoided? There is no reason why this… Continue reading How to Contain Construction Disputes
Eugene Polyak | Smith Currie & Hancock | December 24, 2015 In Aubin v. Union Carbide Corp., 40 Fla. L. Weekly S596 (Fla. Oct. 29, 2015), the Florida Supreme Court recently resolved an important conflict between Florida’s intermediate appellate courts with respect to the test used in adjudicating design-defect claims in product liability cases. While working… Continue reading “Consumer Expectations” Test In Design Defect Products Liability Case
Andrew D. Ness, William R. Taylor and J. Laurens Wilkens | Jones Day | December 2015 In November 2015, the Texas Supreme Court heard oral arguments to determine if a general contractor was a “seller” under Chapter 82 of the Civil Practice and Remedies Code and entitled to indemnification from the manufacturer of an allegedly… Continue reading Looming Texas Supreme Court Decision Could Impact Contractor Liability in Construction Cases
Steven M. Cvitanovic, David A. Harris and Theresa M. Wynne | Haight Brown & Bonesteel LLP | December 18, 2015 Story #7 of 10 in Haight’s series of Top Ten Stories in California Construction for 2015 15 years ago, the California Supreme Court held in Aas v. Superior Court, 24 Cal.4th 627 (2000), that homeowners… Continue reading SB 800 – Can Builders Enforce It, Or Not?
James C. Earle, Esq. | Ervin Cohen & Jessup LLP | December 18, 2015 In a detailed explanation of an Engineer’s duties and responsibilities, the United States District Court for the Northern District of California held that an engineer that prepares plans and specifications relied upon by contractors in preparing their construction bids for a… Continue reading Engineers Beware !! California Courts have held Engineers Owe a Duty of Care and are Liable to Contractors for Plans and Specifications used in the Bidding Process