Daniel Lund III | Phelps Dunbar The Louisiana Fifth Circuit Court of Appeal was faced with a residential construction contract dispute concerning the construction of a new home. Pivotal to the dispute was an occupancy clause in the general contract, which declared: “Owner agrees not to occupy the Home until contractor is paid in full.”… Continue reading You’ve Made Your Bed…Maybe Don’t Lie in It (Yet)!
Month: May 2025
Proportional Fault Indemnification Provisions Held Enforceable in Alabama
Mason Rollins | BuildSmart The Alabama Supreme Court found that an indemnification provision was enforceable that required a subcontractor to indemnify a general contractor on a proportional-fault basis against liability for death or personal injury. JohnsonKreis Construction Company, Inc. subcontracted with Howard Painting, Inc. to perform work on a hotel project in Birmingham, Alabama. The… Continue reading Proportional Fault Indemnification Provisions Held Enforceable in Alabama
Colorado Supreme Court Clarifies – a Bit – the Economic Loss Rule
William Jones | Lathrop GPM In a case that could have far reaching implications for business and construction litigation, the Colorado Supreme Court issued an opinion on April 21, 2025, providing some greater clarity on the economic loss rule under Colorado law in Mid-Century Insurance Company v. HIVE Construction, Inc., 2025 CO 17 (2025). While the… Continue reading Colorado Supreme Court Clarifies – a Bit – the Economic Loss Rule
Oregon Supreme Court Expands CGL Coverage for Construction Defects: Twigg v. Admiral Insurance Company
Seth Row and Cameron Zangenehzadeh | Stoel Rives Background: A Repair Gone Wrong and a Coverage Dispute Businesses and homeowners in Oregon often assume their insurance will cover a contractor’s faulty work. That assumption was put to the test in Twigg v. Admiral Insurance Co., 373 Or. 475 (2025), an Oregon Supreme Court decision with big implications… Continue reading Oregon Supreme Court Expands CGL Coverage for Construction Defects: Twigg v. Admiral Insurance Company
Ohio Courts Reinforce Arbitration Provisions Despite Conflict, Missing Signatures and Litigation
Jeffrey Vaisa | Kohrman Jackson & Krantz Ohio courts are reaffirming a consistent and increasingly important theme: if your contract contains an arbitration clause, expect to be held to it. Three recent appellate decisions—Denham v. Encino Energy, LLC, Carter-Jones Lumber Co. v. Colabianchi Construction, Inc., and Murfey v. Muth—from across the state emphasize the enforcement of arbitration… Continue reading Ohio Courts Reinforce Arbitration Provisions Despite Conflict, Missing Signatures and Litigation