Foley Hoag LLP – October 2, 2012 In Carlucci v. CNH America LLC, 2012 WL 4094347 (D. Mass. Sep. 14, 2012), plaintiff was injured in a driveway paving accident when his co-worker backed over his foot while operating a skidsteer loader (a compact, highly maneuverable, four-wheel bucket loader) designed and manufactured by defendant. At the… Continue reading Massachusetts Federal Court Holds Plaintiff’s Civil Engineering Expert not Qualified to Opine on Alternative Designs in Construction Loader Suit and Opinions not Shown Reliable because Expert Performed no Testing Regarding Proposed Designs’ Feasibility an
Category: Construction
Owner’s Material Breach may Excuse Contractor from Obligation to Perform
Alston & Bird, LLP – September 12, 2012 When things go wrong on a construction project, parties often engage in a “you-breached-no-you-breached” scenario. In a recent Texas case, an owner and contractor both alleged the other party breached the contract first, thus excusing their own further performance. The owner, who was also the general contractor,… Continue reading Owner’s Material Breach may Excuse Contractor from Obligation to Perform
Designation of Non-Parties at Fault in Construction Defect Cases is not as Straightforward as it First Seems
Jonathan M. Allen – September 14, 2012 In Colorado construction defect cases, defendants often designate non-parties at fault under a Colorado statute that allows for the fact-finder to apportion fault between parties and non-parties. See C.R.S. § 13-21-111.5(3). Issues frequently arise involving whether builders owe non-delegable duties of care, thus rendering designation of non-parties at… Continue reading Designation of Non-Parties at Fault in Construction Defect Cases is not as Straightforward as it First Seems
Continued Uncertainty in Federal Regulation of Storm Water from Construction Sites
Wendy Manley – September 5, 2012 In the latest turn of the ongoing saga of storm water regulation, the U.S. EPA has withdrawn its proposed rule that would have revised the enforceable numeric effluent limits for runoff from construction sites. The numeric limits were established for turbidity in effluent limitation guidelines (“ELG”) adopted by EPA… Continue reading Continued Uncertainty in Federal Regulation of Storm Water from Construction Sites
Arbitration Clause Enforcement
Joseph J. Dinardo – October 5, 2012 Construction professionals across the country should be aware that courts will go to great lengths to enforce arbitration provisions whenever possible. This trend is due in part to the fact that the dockets of many courts are now more crowded than ever and judges seek for ways to… Continue reading Arbitration Clause Enforcement