Elizabeth J. Cappiello and Amy E. Garber – Ober Kaler – August 2014 Already on the forefront of green building innovation, the District of Columbia has adopted a new set of construction codes that, most notably, includes advanced energy and green construction regulations. On March 26, 2014, Mayor Vincent C. Gray announced that the 2013… Continue reading New DC Construction Codes Take Effect
Federal District Court in New Jersey Holds that Economic Loss Rule Does Not Bar Contractor’s Tort Claims Against Architect Where Parties Were Not in Privity of Contract
What The Recent Beacon Decision Means For Developers And General Contractors
Steven M. Cvitanovic and Whitney L. Stefko – Haight Brown Bonesteel – August 14, 2014 On July 3, 2014, the California Supreme Court (the “Court”) came out with its decision in Beacon Residential Community Association v. Skidmore, Owings & Merrill, et al. The Beacon decision settled a long-standing dispute in California about whether design professionals… Continue reading What The Recent Beacon Decision Means For Developers And General Contractors
Limitation of Liability Clause in Pre-2007 Professional Contracts Enforceable
Ross A. Hoogerhyde – Gordon & Rees LLP – August 25, 2014 The Colorado Legislature enacted the Homeowner Protection Act (HPA), C.R.S. § 13-20-806(7), in response to unequal bargaining power between builders/developers and home buyers. The Legislature was concerned that builders/developers included onerous clauses in form home purchase agreements that limited their liability for any… Continue reading Limitation of Liability Clause in Pre-2007 Professional Contracts Enforceable
Duty to Defend Construction Defect Case Triggered by Complaint’s Allegations
Tred Eyerly – Insurance Law Hawaii – August 20, 2014 The subcontractor’s insurer could not escape contributing to defense costs of its insured when coverage was possible based upon the underlying complaint’s allegations. Seneca Ins. Co. v. James River Ins. Co., 2014 U.S. Dist. LEXIS 97156 (D. Ore. July 17, 2014). The underlying action alleged… Continue reading Duty to Defend Construction Defect Case Triggered by Complaint’s Allegations