Karl F. Oles | Stoel Rives In a purely cooperative world, construction contracts would be unnecessary. If the owner or contractor caused a problem, the party would admit fault and make amends. Unfortunately, we do not live in a purely cooperative world. Owners and contractors have adverse interests, and responsibility for problems is not always… Continue reading A New Year’s Resolution: More Consideration of Time Limits
Repairs Performed Years After Completion Do Not Toll Statute Of Repose
Andrew Kessler | Wood Smith Henning & Berman In Venema v. Moser Builders, Inc., 2370 EDA 2021 (Pa. Super. Ct. Aug. 29, 2022), the Superior Court held that the Statute of Repose was not tolled by repairs made several years after the certificate of occupancy was issued. Homeowners are not entitled to unilaterally dictate an extended… Continue reading Repairs Performed Years After Completion Do Not Toll Statute Of Repose
Economic Waste Doctrine and Construction Defects / Nonconforming Work
David Adelstein | Florida Construction Legal Updates I recently did a presentation on the economic waste doctrine. It is an applicable doctrine dealing with construction defects and nonconforming work. When it comes to construction defects and nonconforming work, EVERYTHING starts with your measure of damages. How are you going to prove your damages? Next, what evidence are you going to… Continue reading Economic Waste Doctrine and Construction Defects / Nonconforming Work
Caution to GCs! An Exception to Privette Can Leave You Open to Liability
Dolores Montoya | Bremer Whyte Brown & O’Meara In a recent important decision, Brown v. Beach House Design & Development the Court of Appeal addressed an issue that frequently arises under the Privette doctrine—the extent to which a general contractor can be held liable for injuries to a subcontractor’s employee. The injuries in Brown arose when a window casing subcontractor’s… Continue reading Caution to GCs! An Exception to Privette Can Leave You Open to Liability
More on the VCPA and Construction
Christopher G. Hill | Construction Law Musings I have posted before regarding the intersection between the Virginia Consumer Protection Act (VCPA) and construction contracting in regard to residential construction projects. A case out of the Eastern District of Virginia District Court further discusses this intersection as it relates to design contracts that also include the procurement and installation… Continue reading More on the VCPA and Construction