Randy J. Heller | Gallet Dreyer & Berkey We don’t usually write about personal injury matters. But sadly, personal injury accidents happen on construction projects. And when an accident occurs on a project owned by a public body, a Notice of Claim must be filed before one can bring suit against the public owner (e.g.,… Continue reading Don’t Forget The Statutory Notice Of Claim
Month: November 2022
Subsequent Purchaser can Assert Claims for Construction Defects
David Adelstein | Florida Construction Legal Updates Can a subsequent purchaser pursue construction defect claims relating to the original construction of the property? This was the threshold issue on a motion for summary judgment by a drywall manufacturer against a subsequent purchaser of a home in Karpel v. Knauf Gips KG, 2022 WL 4366946 (S.D. Fla. 2022). This matter… Continue reading Subsequent Purchaser can Assert Claims for Construction Defects
In the Courtroom – Cross-Examining Experts at Trial
Lee Popkin | Proskauer Rose A good place to start when you are thinking about cross-examining an expert is to ask yourself what is the purpose of this exam? What approach do I want to take with the witness? Maybe this is an expert you actually want to engage on the substance. You want to… Continue reading In the Courtroom – Cross-Examining Experts at Trial
The Final Nail: Ongoing Repairs Do Not Toll the Statute of Repose
Kyle Rice | The Subrogation Strategist In Venema v. Moser Builders, Inc., 2022 PA Super. 171, 2022 Pa. Super. LEXIS 414, the Superior Court of Pennsylvania (Superior Court) upheld an award of judgment on the pleadings from the Court of Common Pleas of Chester County (Trial Court). The Superior Court found that Pennsylvania’s 12-year Statute of Repose… Continue reading The Final Nail: Ongoing Repairs Do Not Toll the Statute of Repose
One-Year Limitation on Claims in Washington Are Unenforceable
Tristan Swanson | Miller Nash Today the Supreme Court of Washington issued a decision finding a contractual one-year limitation period in a construction contract unconscionable. The decision—Tadychs v. Noble Ridge—arose from the construction of a custom house. The contractor, Noble Ridge Construction, placed a one-year limitations clause into its construction contract with its customers, the… Continue reading One-Year Limitation on Claims in Washington Are Unenforceable