Garret Murai | California Construction Law Blog | June 15, 2019 Given the variety of problems that can arise on a construction project, from defects to delays, it’s difficult to draft a construction contract that addresses every possible problem exactly right. However, so long as you adequately address the “big three” of scope, price and time,… Continue reading What You Need to Know About Home Improvement Contracts
Tag: Construction Contract
No Rest for the Weary: Project Completion Is the Beginning of Litigation
Albert Li and Bob Fitzsimmons | Construction Executive | April 30, 2019 In today’s environment, most construction projects end up in some form of litigation. Construction is full-time employment for lawyers – from contract negotiation to project management, lien and payment issues. Years after project completion, a company still can face construction defect litigation and… Continue reading No Rest for the Weary: Project Completion Is the Beginning of Litigation
Subrogation Waiver in Construction Contract Upheld by Wisconsin Court
Claims Journal | June 21, 2019 A subrogation waiver in a construction contract blocks an insurer’s claim against a contractor whose alleged shoddy construction caused the collapse of a barn that cost more than $600,000 to replace, the Wisconsin Supreme Court ruled in a split decision. The high court, ruling 3-2, found that the subrogation… Continue reading Subrogation Waiver in Construction Contract Upheld by Wisconsin Court
Exceptions to the Economic Loss Rule in North and South Carolina: Yes, an owner MAY be able to sue that subcontractor after all!
Julia Gallagher | Nexsen Pruet | June 10, 2019 In North Carolina, the economic loss rule will not bar recovery on a negligence claim when there is no contract between the parties. In Lord v. Customized Consulting Specialty, Inc., a general contractor contracted with the plaintiff owners to construct a home. The owners subsequently sued the… Continue reading Exceptions to the Economic Loss Rule in North and South Carolina: Yes, an owner MAY be able to sue that subcontractor after all!
Practical Completion: Clarifying A “Trifling” Topic
Kiran Giblin and Kevin Greene | K&L Gates | June 5, 2019 In the recent case of Mears v Costplan [2019] EWCA Civ 502, the Court of Appeal provided significant clarity as to how courts should interpret the widely used but seldom defined term, “practical completion” in the context of construction contracts. In essence, it was held… Continue reading Practical Completion: Clarifying A “Trifling” Topic