Garret Murai | California Construction Law Blog “The declining significance of privity has found its way to construction law.” So begins the 4th District Court of Appeal’s decision in Lynch v. Peter & Associates, Engineers, Geologists, Surveyors, Inc., 104 Cal.App.5th 1181 (2024). The case addresses the legal duty of care owed by construction professionals – specifically… Continue reading At the Border of Contract and Torts in Construction Disputes
Month: August 2025
Design-Build v. Design-Bid-Build: Legal Considerations
Nicholas Moore | Porter Hedges Selecting the right project delivery method is crucial — not just from a design and budgeting standpoint, but also from a legal standpoint. Two of the most common delivery methods are Design-Build (DB) and Design-Bid-Build (DBB). Each approach has its unique legal implications that significantly affect project outcomes, liability, and risk allocation. I.… Continue reading Design-Build v. Design-Bid-Build: Legal Considerations
Strength in Numbers—The Class Actions Strategy for Insurance Claims
Colin Kemp and Lauren Smith | Policyholder Pulse When wildfires, floods or other disasters strike, multiple policyholders can be affected in similar ways. But historically, each policyholder would take on their insurance company alone—a tough task, especially for individual policyholders and especially when any given policyholder’s claim is dwarfed by the relative legal and financial… Continue reading Strength in Numbers—The Class Actions Strategy for Insurance Claims
Legal Developments In Construction Law: July 2025
Richard Craven | Mayer Brown The Defective Premises Act may be 53 years old but it has received particular attention in recent years, notably following its makeover by the Building Safety Act and, most recently, by the Supreme Court. The Defective Premises Act may be 53 years old but it has received particular attention in… Continue reading Legal Developments In Construction Law: July 2025
Expert Reports: Read Carefully Before You Produce Them!
Karina Shareen | DeutschKerrigan Expert reports are common in scientifically complex cases. Every practitioner, regardless of experience level, must read an expert’s report carefully before production. A recent opinion from the Fifth Circuit serves as a cautionary tale against using sloppy expert reports that are fatal to a party’s claim or defense, in this case,… Continue reading Expert Reports: Read Carefully Before You Produce Them!
