Christopher Sweeney | Conn Kavanaugh In Trustees of Boston University v. Clough Harbour & Associates LLP, the Massachusetts Supreme Judicial Court considered anew whether a construction defect claim tendered under the terms of a bespoke contractual indemnity provision is subject to Massachusetts’ six-year statute of repose.[1] On April 16, the court held that under the parties’ specifically negotiated… Continue reading Indemnity Lessons From Mass. Construction Defect Ruling
Category: Construction Defects
Bidders Beware! Design-Builders Are at Risk Not Only for Defective Design Documents, But Possibly for Defective Bidding Documents, Too
Robert J. Symon and Owen E. Salyers | BuildSmart Historically, the Boards of Contract Appeals and Courts have reviewed design-builders’ reliance on government-provided conceptual drawings or bridging documents in support of constructive change claims under a reasonableness standard (see M. A. Mortensen Company, ASBCA No. 39978, 93-3 BCA ¶ 26,189). However, in two recent cases, the Spearin doctrine… Continue reading Bidders Beware! Design-Builders Are at Risk Not Only for Defective Design Documents, But Possibly for Defective Bidding Documents, Too
Colorado’s New Construction Bill: What Developers Need to Know
Christopher Yost | Adams & Reese On May 12, 2025, Governor Jared Polis signed HOUSE BILL 25-1272, a significant piece of legislation aimed at reforming the construction defect process, particularly for middle market housing (multifamily, attached housing of two or more units), to promote the construction of affordable homes in Colorado. This bill introduces several changes… Continue reading Colorado’s New Construction Bill: What Developers Need to Know
Oregon Supreme Court Expands CGL Coverage for Construction Defects: Twigg v. Admiral Insurance Company
Seth Row and Cameron Zangenehzadeh | Stoel Rives Background: A Repair Gone Wrong and a Coverage Dispute Businesses and homeowners in Oregon often assume their insurance will cover a contractor’s faulty work. That assumption was put to the test in Twigg v. Admiral Insurance Co., 373 Or. 475 (2025), an Oregon Supreme Court decision with big implications… Continue reading Oregon Supreme Court Expands CGL Coverage for Construction Defects: Twigg v. Admiral Insurance Company
Adapting to Change: New Rules of Civil Procedure Require New Considerations for Construction Attorneys
Michael R. Holt, Erin Weinstock and Katherine Becerra | Rumberger Kirk On Jan. 1, 2025, the Florida Rules of Civil Procedure changed dramatically. The new rules and amendments are designed to enhance efficiency and impact the setting of cases for trial, case management, discovery practice, summary judgment, and more. Broadly speaking, the new rules attempt… Continue reading Adapting to Change: New Rules of Civil Procedure Require New Considerations for Construction Attorneys