David P. Muth and John C. Schaak – August 13, 2013 The economic loss doctrine precludes parties to a contract from bringing tort claims to recover purely economic or commercial losses associated with their contractual relationship. The parties are thus limited to their contractual remedies. This sounds simple enough in theory, but, in practice, the… Continue reading The Economic Loss Doctrine Strikes Again: Supreme Court of Wisconsin Holds Property Owners have no Tort Claims Against Concrete Supplier
Category: Construction Contracts
Florida Supreme Court Rules that General Contractors are Entitled to Overhead and Profit
Restoration Industry Association – July 2013 A ruling published by the Supreme Court of Florida earlier this month held that general contractors are entitled to overhead and profit charges under a replacement cost homeowner’s policy. In Trinidad v. Florida Peninsula insurance Company, the Supreme Court said, “…we hold that an insurer’s required payment under a… Continue reading Florida Supreme Court Rules that General Contractors are Entitled to Overhead and Profit
Arizona Legislature Adds New Limits On Indemnification In Public Construction Contracts
Stephen Richman and Denise Troy – July 10, 2013 For many years, the Arizona Little Miller Act and the Arizona Procurement Code (A.R.S. § 34-226 and A.R.S. § 41-2586, respectively) prohibited a party from being indemnified, held harmless or defended to the extent of its own negligence. This prohibition applied to an owner, design professional,… Continue reading Arizona Legislature Adds New Limits On Indemnification In Public Construction Contracts
Builders in California May Further Limit the Statute of Limitations
Darren Johnson – July 19, 2013 The California Court of Appeal has upheld a provision in a construction contract by which the builder effectively shaved six years off the limitations period in which the owner could bring a construction defect lawsuit. In Brisbane Lodging L.P. v. Webcor Builders, Inc., 2013 DJDAR 7127 (June 3, 2013),… Continue reading Builders in California May Further Limit the Statute of Limitations
Standard AIA Contract Language May Waive “Discovery Rule”
Scott D. Cahalan and Darren G. Rowles – June 14, 2013 In a recent decision styled Brisbane Lodging, L.P. v. Webcor Builders, Inc., the California Court of Appeals found that a contract clause providing that all causes of action relating to the contract work would accrue from the date of substantial completion of the project… Continue reading Standard AIA Contract Language May Waive “Discovery Rule”