Category: Construction

Owner’s Approval of Means and Methods may not Relieve Contractor of Liability

James Warmoth – October 11, 2012 When faced with a risky means and methods issue—excavating near an existing structure, for example—contractors frequently seek or otherwise receive input (whether they want it or not) from the owner or its on-site representative. In other cases, the contractor may simply take comfort in the fact that the owner… Continue reading Owner’s Approval of Means and Methods may not Relieve Contractor of Liability

Design Professional’s Duty to Provide Non-Negligent Plans

Kimberly A. Wilson – October 5, 2012 Introduction A project architects or a design professional (“architect”) plays a key role on any construction project. The role of the project architect, its obligations and responsibilities are most often set forth in a written contract between the architect and owner. The scope of an architect’s liabilities, however,… Continue reading Design Professional’s Duty to Provide Non-Negligent Plans

General Condition Costs are not Lienable

Kirk D. Johnston – October 5, 2012 On private construction projects, contractors ordinarily have the right to file a mechanic’s or materialman’s lien under applicable state law to collect unpaid sums due on a construction contract. However, on July 11, 2012, the Georgia Court of Appeals ruled in 182 Tenth, LLC v. Manhattan Construction Company (2012 WL… Continue reading General Condition Costs are not Lienable

Is Noticing a Crack Really “Notice”?

Katherine L. Heckert – September 20, 2012 Imagine a homeowner repairs a small crack in the wall, only to find more minor cracks months later, gradually increasing in size, eventually revealing the truth: a significant foundation problem. In the ensuing construction defect litigation, the court must determine if the first crack put the homeowner on… Continue reading Is Noticing a Crack Really “Notice”?

Minnesota Arguably Expands Coverage for Additional Insureds in the Construction Context

Laura N. Maupin – September 19, 2012 The Minnesota Court of Appeals issued an unpublished decision in May, 2012 which trends towards an expansion of coverage for additional insureds in the construction context by extending coverage to claims of direct, as well as vicarious liability. In Nor-Son, Inc. v. Western National Mut. Ins. Co., No.… Continue reading Minnesota Arguably Expands Coverage for Additional Insureds in the Construction Context