George Ahrend and Matt Albrecht – October 26, 2012 In a word, no. In Washington, contractors generally have no right to cure construction defects before they can be sued. BUT, and this is a big but, the contractor has a right to insist on this if they follow specific statutory notice requirements. For homeowners and… Continue reading Washington State Construction Defect Cures–No Rights Without Notice
Claim for Damages for Defective Work
John A. Stewart – October 1, 2012 Dr. John and Christine Taylor contracted with Randy Rivera to prepare plans for the construction of a new home in Crowley, Louisiana. Leger Construction, LLC was the general contractor. Post-Tension Slabs, Inc. built the foundation. Roy Carubba, an engineer, contracted with Post-Tension to design the foundation. Defects were… Continue reading Claim for Damages for Defective Work
Massachusetts Federal Court Holds Plaintiff’s Civil Engineering Expert not Qualified to Opine on Alternative Designs in Construction Loader Suit and Opinions not Shown Reliable because Expert Performed no Testing Regarding Proposed Designs’ Feasibility an
Foley Hoag LLP – October 2, 2012 In Carlucci v. CNH America LLC, 2012 WL 4094347 (D. Mass. Sep. 14, 2012), plaintiff was injured in a driveway paving accident when his co-worker backed over his foot while operating a skidsteer loader (a compact, highly maneuverable, four-wheel bucket loader) designed and manufactured by defendant. At the… Continue reading Massachusetts Federal Court Holds Plaintiff’s Civil Engineering Expert not Qualified to Opine on Alternative Designs in Construction Loader Suit and Opinions not Shown Reliable because Expert Performed no Testing Regarding Proposed Designs’ Feasibility an
The Calm After the Storm: Florida Supreme Court Issues Anticipated Hurricane Related Bad Faith Opinion
John David Dickenson – September 2012 Florida has a knack for being in the path of hurricanes. When a storm is on the horizon, Floridians busy themselves preparing their homes and commercial properties for impact. After a storm has passed, claims handlers and lawyers, in turn, busy themselves with the work that inevitably follows. Florida… Continue reading The Calm After the Storm: Florida Supreme Court Issues Anticipated Hurricane Related Bad Faith Opinion
The International Green Construction Code: Raising the Bar from the Ground Up
Francis A. Kirk – September 20, 2012 Recently the International Code Council published the International Green Construction Code (“IgCC”). The IgCC is expected to be a real game changer for new construction in the United States. Forward-thinking companies in the construction industry should be aware of this development and how it might affect their businesses… Continue reading The International Green Construction Code: Raising the Bar from the Ground Up