James J. Sienicki and Eric H. Spencer – September 14, 2012 This year has been a busy one so far for legal developments affecting the Arizona construction industry. Here is a brief summary of court cases and legislation of interest. Case Law: In Wang Electric, Inc. v. Smoke Tree Resort, LLC, 2012 Ariz. App. LEXIS 120,… Continue reading Arizona Construction Law Summary
Category: Construction Law
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]
Second Circuit Clarifies Copyright Protection for Architectural Works and Drawings
David M. Kohane and Adam J. Sklar, August 22, 2012 Until 1990, federal law extended copyright protection to original architectural drawings, but generally did not extend such protection to actual buildings, even buildings constructed from protected drawings. The drawings were protected from copying as “pictorial” or “graphic” works, just like any sketch or painting. The… Continue reading Second Circuit Clarifies Copyright Protection for Architectural Works and Drawings
Expert Testimony Explaining how Engineer’s Conduct Fell below the Standard of Care is Necessary to Establish Negligence
A technical breach by an engineer of its design professional agreement may not be enough to establish that the engineer is negligent. As the City of Huntington Woods learned in Huntington Woods v. Orchard, Hiltz & McCliment, 2012 Mich App. LEXIS 879, expert testimony may be required to establish that an engineer’s contract breach amounts… Continue reading Expert Testimony Explaining how Engineer’s Conduct Fell below the Standard of Care is Necessary to Establish Negligence
Tips for Construction Defect Plaintiff Attorneys, and more… | The A/E/C Brief
Brian L. Hill – August 6, 2012 As I mentioned in my last newsletter, I attended LiMa Solutions’ VE-ADR 2012 conference in Key West, FL. This week, I am publishing the first in a series of posts with key take-away from the event. The first article is VE-ADR 2012: Emerging Strategies for Successful Construction Defect… Continue reading Tips for Construction Defect Plaintiff Attorneys, and more… | The A/E/C Brief