John Mark Goodman | BuildSmart A federal judge in Oklahoma last week ruled against an electrical subcontractor who quit work before finishing because it was allegedly unsafe to continue. The court found that the subcontractor was simply losing money, and that the safety excuse was a “post-hoc fabrication” to justify “jumping ship.” The case involves construction… Continue reading Court Rejects Subcontractor’s Safety Excuse for Jumping Ship
Category: Construction
Nationwide Survey: How Stronger Building Codes Reduce Risk
Agency Forward As communities across the U.S. face increasingly frequent and severe weather events, the toll on property owners and insurers continues to grow. According to NOAA, between 2020 and 2024, the U.S. experienced 115 billion-dollar weather and climate disasters, totaling nearly $747 billion in losses. Yet despite this trend, 65% of U.S. counties, cities, and towns still lack modern building codes—leaving… Continue reading Nationwide Survey: How Stronger Building Codes Reduce Risk
Judicial Caution in Determining Liability for Withheld Payments Under Public Works Contracts
Jose A. Aquino | Duane Morris In public construction projects, disputes over payment obligations between contractors and subcontractors often depend not only on the terms of the contract but on the resolution of underlying factual questions. A recent decision from the Appellate Division, First Department in Brownie Companies of Long Island, LLC v. Volmar Construction, Inc.,… Continue reading Judicial Caution in Determining Liability for Withheld Payments Under Public Works Contracts
Colorado Supreme Court Rules There is no Exception to the Economic Loss Rule for Willful and Wanton Conduct
Michael Laszlo | Clark Hill On April 21, the Colorado Supreme Court held that there is no exception to the economic loss rule (“ELR”) for willful and wanton conduct. In Mid-Century Ins. Co., v HIVE Constr., Inc., the court drew an important distinction between intentional conduct (which is an exception the to the rule) and willful… Continue reading Colorado Supreme Court Rules There is no Exception to the Economic Loss Rule for Willful and Wanton Conduct
Finding an Expert Witness: Best Practices for Finding Credible Experts
Kim Beane | Womble Bond Dickinson In court, cases often come down to the “battle of the experts” and the credibility and character of experts can make or break a case. When you need an expert witness for your case, where do you turn? Whether you need an oncologist, a mechanical engineer, a statistician, or… Continue reading Finding an Expert Witness: Best Practices for Finding Credible Experts