Thomas G. Cronin | Gordon Rees Scully Mansukhani | February 25, 2019 In a recent decision, the Illinois Supreme Court held that a purchaser of a newly constructed home could not assert a claim for breach of the implied warranty of habitability against a subcontractor where the subcontractor had no contractual relationship with the purchaser. Sienna… Continue reading Illinois Supreme Court Limits Reach of Implied Warranty Claims Against Contractors
Tag: Advise & Consult
Georgia District Court Finds Reservation of Rights to Named Insured Ineffective as to Individual Insureds
Jason M. Taylor | Traub Lieberman Straus & Shrewsberry | February 25, 2019 In Auto-Owners Ins. Co. v. Cribb, 2019 WL 451555 (N.D. Ga. Feb. 5, 2019), the U.S. District Court for the Northern District of Georgia found that an insurer, Auto Owners, was estopped from denying coverage to two individual insureds under a commercial general… Continue reading Georgia District Court Finds Reservation of Rights to Named Insured Ineffective as to Individual Insureds
Timely Legal Trends and Developments for Construction
Matt Viator | Construction Executive | January 17, 2019 The construction industry is broad and the legal concerns of industry members can be far-reaching. What seems like tomorrow’s problem often jumps to the forefront and becomes a high priority today. 2018 was full of moments like these – and it’s important to keep track of… Continue reading Timely Legal Trends and Developments for Construction
Differing Site Conditions Produce Differing Challenges
Sarah E. Carson | Smith Currie | January 8, 2019 The saying “The best laid plans of mice and men often go awry” can too often apply in the construction industry. A contractor may receive a description of site conditions that is ultimately found flawed or misleading. The costs associated with addressing these surprise conditions… Continue reading Differing Site Conditions Produce Differing Challenges
Subcontractors Have Remedies, Even If “Pay-If-Paid” Provisions Are Enforced
John P. Ahlers | Ahlers Cressman & Sleight | January 23, 2019 In a recent case in Kentucky[1], a sub-tier subcontractor sued the general contractor and owner for failure to pay for extra work. At the trial, the court held the subcontractor was entitled to recover under the theories of implied contracts and unjust enrichment,… Continue reading Subcontractors Have Remedies, Even If “Pay-If-Paid” Provisions Are Enforced