Christopher G. Hill – May 27, 2013 Here at Construction Law Musings, we’ve discussed the fact that, in Virginia, the “economic loss rule” generally renders claims of fraud and construction contracts like oil and water. This is true in most states, including Florida. What this means is that as a general rule where any party… Continue reading Another Exception to Fraud and Contract Don’t Mix
Category: Construction Law
Recent Tennessee Legislation Affecting the Construction Industry
May 20, 2013 Earlier this year, the 108th General Assembly of Tennessee passed several bills of interest to owners, contractors, subcontractors, architects and others in the construction industry. This summarizes some of the notable bills. Underlicensed Contractors/No Lien Rights/Attachment of Mechanics’ Liens A bill clarifies that it is unlawful for any person to bid on… Continue reading Recent Tennessee Legislation Affecting the Construction Industry
Nevada Adopts the Manifestation Rule in First Party Property Cases Involving Progressive Damage
Michael Mills – May 24, 2013 In 1977, the Jacksons bought a home. Over time, small cracks appeared in the walls. The Jackson’s investigating engineer said that the home had suffered structural damage because of negligent construction. The Jackson’s homeowner policy was with State Farm. State Farm disagreed with the Jacksons. State Farm said that… Continue reading Nevada Adopts the Manifestation Rule in First Party Property Cases Involving Progressive Damage
Some Courts Say That Owners Cannot Sue Their Architects And Consultants For Designing Noncompliant Facilities
Minh N. Vu – May 21, 2013 Owners of commercial facilities and developers of multifamily housing should take note of an alarming trend: Some courts are not allowing owners and developers to sue their architects and consultants for designing facilities that do not comply Americans with Disabilities Act (ADA) and Fair Housing Act (FHA) accessibility… Continue reading Some Courts Say That Owners Cannot Sue Their Architects And Consultants For Designing Noncompliant Facilities
Third Circuit Follows Pennsylvania Law – Damage Caused by Faulty Workmanship Does Not Arise From An Occurrence
Tred R. Eyerly – May 1, 2013 The Third Circuit followed Pennsylvania law in determining that damage caused by faulty workmanship did not arise from an occurrence. Zurich Am. Ins. Co. v. R. M. Shoemaker Co., 2013 U.S. App. LEXIS 6093 (3d Cir. March 27, 2013). The County sued R. M. Shoemaker, alleging faulty construction… Continue reading Third Circuit Follows Pennsylvania Law – Damage Caused by Faulty Workmanship Does Not Arise From An Occurrence