Karen E. Rubin | Thompson Hine LLP | April 26, 2018 If you believe that you may have materially erred in a current client’s representation, your duty of communication under Rule 1.4 requires you to inform the client. That’s the unsurprising conclusion that the ABA’s Standing Committee on Ethics and Professional Responsibility reached in its latest opinion, issued… Continue reading Whoops! When Do You Have To Tell A Client About Your Error?
Category: Construction Law
Washington Court of Appeals Dismisses Oregon Contractor’s Collection Action for Failure to Strictly Comply With Registration Requirements
Rachel B. Greenlee | Lane Powell | April 3, 2018 In an unpublished opinion filed April 3, 2018, in HNS, Inc. v. Eagle Rock Quarry, et al., Cause No. 34695-1-III, Division Three of the Washington Court of Appeals dismissed a contractor collection action finding that the contractor failed to substantially comply with the requirements of Washington’s contractor… Continue reading Washington Court of Appeals Dismisses Oregon Contractor’s Collection Action for Failure to Strictly Comply With Registration Requirements
Settling With Some, But Not All, Of The Defendants In A Construction Defect Case
David Adelstein | Florida Construction Legal Updates | March 25, 2018 Construction defect lawsuits can be complex multi-party disputes, especially when the plaintiff is doing what is necessary to maximize recovery. This means the plaintiff may sue multiple defendants associated with the defects and damage. For example, the owner (e.g., plaintiff) may sue the contractor, subcontractors, design… Continue reading Settling With Some, But Not All, Of The Defendants In A Construction Defect Case
In a Win for Property Owners California Court Expands and Clarifies Privette Doctrine
Garret Murai | California Construction Law Blog | March 21, 2018 We’ve written before about the Privette doctrine, which generally holds that a higher-tiered party is not liable for injuries sustained by employees of a lower-tiered party under the peculiar risk doctrine, here, here, here and here. We’ve also talked about some of the exceptions to the Privette doctrine, including the non-delegable duty doctrine and the negligent… Continue reading In a Win for Property Owners California Court Expands and Clarifies Privette Doctrine
Pay-if-Paid Enforced Opening Door to Subcontractor Claim Against Owner
Katharine E. Kohm | The Dispute Resolver | February 24, 2018 In Superior Steel, Inc. v. Ascent at Roebling’s Bridge, LLC, No. 2015-SC-000204-DG, 2017 WL 6380218 (Ky. Dec. 14, 2017), a subcontractor and a sub-subcontractor sued the general contractor and owner for the failure to pay for extra work. The general contractor and owner cross-claimed against the other for, inter alia, indemnification. At the jury… Continue reading Pay-if-Paid Enforced Opening Door to Subcontractor Claim Against Owner