Alston & Bird, LLP – September 12, 2012 When things go wrong on a construction project, parties often engage in a “you-breached-no-you-breached” scenario. In a recent Texas case, an owner and contractor both alleged the other party breached the contract first, thus excusing their own further performance. The owner, who was also the general contractor,… Continue reading Owner’s Material Breach may Excuse Contractor from Obligation to Perform
Tag: construction defect
Allowing the Use of a General Verdict form in a Construction Defect Case could Subject your Client to Prejudgment Interest.
David M. McLain – July 16, 2012 A recent opinion from the Colorado Court of Appeals is a cautionary tale concerning the calculation of pre-judgment interest. See Hendricks v. Allied Waste Transportation, Inc., 2012 WL 1881004 Colo. App. 2012. The Hendricks sued Allied after one of its drivers backed into the corner of their home… Continue reading Allowing the Use of a General Verdict form in a Construction Defect Case could Subject your Client to Prejudgment Interest.
Construction Defect Litigation In California
Harry Kaladjian – August 20, 2012 We all have seen the massive tract housing developments that have sprung up in California, as well as the recent conversions of certain high rise commercial buildings that have been transformed into mixed-use residential condominiums. Upon completion of these developments and after a homeowner takes possession and notices some… Continue reading Construction Defect Litigation In California
Judge Gives OK to Raze Flawed Vegas Hotel Tower
Ken Ritter – July 19, 2012 A Nevada state judge gave the go-ahead Thursday for casino giant MGM Resorts International to implode a flawed hotel tower that was partially built but never opened as the centerpiece of the glittering $8.5 billion CityCenter project on the Las Vegas Strip. Clark County District Court Judge Elizabeth Gonzalez’s… Continue reading Judge Gives OK to Raze Flawed Vegas Hotel Tower
A Case for Expanding the Use of Pass-Through Claims
Benton T. Wheatley & Jessica Neufeld – April 18, 2012 In construction cases, owners must often deal with claims made against it by contractors, despite the fact that the claim may really be a design professional’s fault. Common contracts may also prevent all three parties — contractor, owner, and design professional — from resolving the… Continue reading A Case for Expanding the Use of Pass-Through Claims