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
Category: Construction Contracts
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
Dispute Resolution Provisions in Construction Contracts
Antony L. Sanacory – October 2, 2012 Claims and disputes are common In the construction industry – projects are unpredictable and problems can occur for any number of reasons (e.g., poor weather and site conditions, material cost increases, design changes and delays, the owner’s decision to cancel the project, or any combination of these and… Continue reading Dispute Resolution Provisions in Construction Contracts
Construction Defect Claims: An Update [Part 1]
Thomas F. Segalla, Matthew S. Lerner and Han K. Kim – October 1, 2012 Construction defect coverage and liability litigation continues to be jurisdictionally specific and dictated by the relevant terms, conditions, limitations, exclusions and endorsements contained in the policy of insurance at issue. An assessment of the cases reported in this update indicates that… Continue reading Construction Defect Claims: An Update [Part 1]
Construction Manager’s Obligations may Include Duties to Subcontractors
Alston & Bird – September 12, 2012 Parties often question what, if any, standard of care construction managers (CMs) owe on a project. The 7th Circuit Court of Appeals recently addressed this question when a “greenhorn” carpenter was injured while trying to make repairs on the upper floors of a Trump Tower construction project in… Continue reading Construction Manager’s Obligations may Include Duties to Subcontractors