Richard A. Prosser | Poyner Spurill LLP | January 14, 2015 Freedom of contract principles prevailed in the Supreme Court’s recent ruling that a manufacturer waived application of North Carolina’s 6-year statute of repose by extending an express 20-year warranty of its product. The opinion in Christie v. Hartley issued on December 19 reverses the… Continue reading N.C. Supreme Court Reverses Court of Appeals and Upholds 20-year Construction Warranty
Tag: Construction Claims
Update on Coverage for Colorado Construction Defects – TCD & Colorado Pool
Christopher R. Mosley, Katherine Dawson Varholak, Jerome H. Sturhahn, Brooke Yates and Melissa Kerin Reagan – February 25, 2013 Over the past few years, we have monitored the efforts of some in the insurance industry to deny coverage for construction defect claims brought by construction professionals. These insurers’ assault on construction professionals began with the… Continue reading Update on Coverage for Colorado Construction Defects – TCD & Colorado Pool
Construction Claims: Trust Funds can go Poof
Vicki R. Harding – January 24, 2013 A typical trust fund statute provides that payments to a construction contractor are treated as funds held in trust until its subcontractors and suppliers have been paid. In the case of a contractor bankruptcy this can be a significant benefit, since the subcontractors and suppliers can argue that… Continue reading Construction Claims: Trust Funds can go Poof
The Best Way to Avoid Construction Claims
Josh Johnson – December 10, 2012 As Virginia construction lawyers, we are often called upon to assist our clients on troubled projects. Almost all of these projects suffer from a common denominator – broken relationships on the project. It is rare to see claims on projects where the stakeholders (owner, general contractor, architect/engineer, and subcontractors)… Continue reading The Best Way to Avoid Construction Claims
Leapfrogging Privity – Preserving Owner-Direct Claims Against Subs
Stewart O. Peay and Mark O. Morris – June 28, 2012 Utah law requires that owners’ claims against general contractors and design professionals with whom the owner has direct contracts (collectively referred to hereafter as “generals”) and their respective subcontractors and subconsultants (collectively referred to hereafter as “subs”) for construction and design defects be based… Continue reading Leapfrogging Privity – Preserving Owner-Direct Claims Against Subs