Garrett A. Smee and Lawrence S. Zucker II | Haight Brown & Bonesteel On May 5, 2023, the California First District Court of Appeal, Division One, issued an opinion in Moses v. Roger-McKeever (A164405), holding that a condominium tenant owes no duty to a social guest using a walkway that leads to the unit. Eleanor Moses fell… Continue reading California Court of Appeal Holds a Tenant Owes No Duty to Protect a Social Guest From a Defective Sidewalk Leading to a Condominium Unit
John Mark Goodman | BuildSmart Many subcontracts contain a catch-all provision requiring the subcontractor to do everything the prime contractor is obligated to do under the prime contract. This is known as an “incorporation” clause because it adopts or incorporates legal rights and duties spelled out elsewhere. Here is an example of an incorporation clause:… Continue reading Incorporation Clauses: Does the Subcontractor Really Assume All Obligations of the Prime Contractor?
Jessica Gallinaro | Wiley Rein The United States District Court for the Southern District of New York, applying New York law, has held that an E&O insurer had no obligation to contribute toward the defense of an underlying matter in light of its policy’s excess “other insurance” clause. Berkley Assurance Co. v. MacDonald-Miller Facility Solutions, 2023… Continue reading Insurer With Excess “Other Insurance” Clause Owes No Defense Obligations
Creighton Dixon, Jeffrey Porter and Lynsie Zona | Snell & Wilmer In Fidelity National v. Osborn III Partners LLC, the Arizona Supreme Court recently decided the question of whether mechanics’ liens filed by a general contractor are a construction lender’s “own darn fault” if the liens result in part from the lender discontinuing advances of loan… Continue reading Coverage Construction: Arizona Supreme Court’s Osborn III Opinion
Matthew Mues | Davis Wright Tremaine The rule of thumb in Washington state has been that contractors and developers cannot be held liable in negligence for construction defects. However, an unpublished decision filed December 12, 2022, by the Washington Court of Appeals in SOP, LLC v. DWP General Contracting, Inc. casts new light on this line of thought.… Continue reading Liability in Washington: Who Pays for Construction Defects that Pose Safety Risks?