G. Scott Walters – December 18, 2012 Change Happens One constant on most construction projects is change. Most construction contracts contain a specific clause (or clauses) discussing procedures and requirements that the project participants should follow in order to address these changes. Changes clauses are found in standard industry construction contracts, private construction contracts, and… Continue reading Recovery of Legal Fees and Consultants’ Expenses in REAs
Category: Construction Law
Colorado Construction Law Developments in 2012
Scott C. Sandberg – December 2012 While Colorado’s General Assembly passed no significant legislation affecting construction law in 2012, the Colorado Court of Appeals handed down a number of significant rulings. In Melssen v. Auto-Owners Insurance Company, the Colorado Court of Appeals held that a notice of claim made under Colorado’s Construction Defect Action Reform… Continue reading Colorado Construction Law Developments in 2012
Arizona Court of Appeals Issues Decision Related to the Application of the Statute of Repose and Economic Loss Doctrine for Subsequent Home Purchasers
Joshua Grabel and Jennifer R. Phillips – December 2012 On December 4, 2012, the Arizona Court of Appeals issued a decision in Sullivan v. Pulte Home Corporation that will have significant implications in the construction industry. The case revolved around a home built by Pulte in 2000. The original purchasers sold the home to the Sullivans in… Continue reading Arizona Court of Appeals Issues Decision Related to the Application of the Statute of Repose and Economic Loss Doctrine for Subsequent Home Purchasers
Ohio Supreme Court – Claims for Property Damage to Insured’s Own Work Caused by Defective Workmanship not Covered under CGL Insurance Policies
Clifford Shapiro and Brad Stoll – December 19, 2012 The Ohio Supreme Court has held that commercial general liability (CGL) insurance policies do not cover claims for the repair or replacement of faulty or defective workmanship, but that resulting property damage can trigger coverage as an “occurrence.” Westfield Ins. Co. v. Custom Agri. Sys., Inc.,… Continue reading Ohio Supreme Court – Claims for Property Damage to Insured’s Own Work Caused by Defective Workmanship not Covered under CGL Insurance Policies
Skip the Site Visit – Lose a Differing Site Conditions Claim
Rolly L. Chambers – December 21, 2012 Introduction Surprises happen on construction projects. Contracts with the federal government, a large and sophisticated owner, contain clauses from the Federal Acquisition Regulation, (“FAR”), that address the risk of the unforeseen and unanticipated. For example, the Changes clause at FAR §52.243-4 allows the government to make changes in… Continue reading Skip the Site Visit – Lose a Differing Site Conditions Claim