Garret Murai | California Construction Law Blog “The declining significance of privity has found its way to construction law.” So begins the 4th District Court of Appeal’s decision in Lynch v. Peter & Associates, Engineers, Geologists, Surveyors, Inc., 104 Cal.App.5th 1181 (2024). The case addresses the legal duty of care owed by construction professionals – specifically… Continue reading At the Border of Contract and Torts in Construction Disputes
Tag: construction law
3 Things to Know About Intellectual Property in Construction Law
James Foley | Clark Hill When most people think about construction law, they picture contracts, building codes, and zoning disputes, not copyrights and patents. But if you’re in the construction industry, whether you’re a general contractor, architect, engineer, or product supplier, there’s a good chance you’re creating or using intellectual property (IP) every day. As… Continue reading 3 Things to Know About Intellectual Property in Construction Law
Direct and Re-Direct Examination
Anne Veronique Schlaepfer | Global Arbitration Review Direct examination Formerly, a chapter discussing direct examination in international arbitration would have been seen as devoid of any interest, as direct examination is in most cases substituted by witness statements, the witnesses appearing at the hearing for the purpose of cross-examination and to answer questions asked by… Continue reading Direct and Re-Direct Examination
With Bills Recently Passed in Washington and Texas, the “Right to Repair” State Law Thicket Continues to Grow
Gerard M. Donovan | Reed Smith A few weeks ago, Washington’s governor signed its right to repair bill into law. Texas’s right to repair bill has passed its house and senate and was sent to its governor on Monday. This continues a trend of states advancing, and several enacting, laws directed to the common goal of enabling a so-called… Continue reading With Bills Recently Passed in Washington and Texas, the “Right to Repair” State Law Thicket Continues to Grow
The Predominant Factor Test: Determining Whether the UCC or Common Law Applies to Mixed Contracts for Goods and Services
John Mark Goodman | BuildSmart Construction law in the United States consists of two main bodies of legal rules. The first, federal law, applies to contracts involving the U.S. government and its agencies. The second, state law, applies to pretty much everything else. While each state is different, all states generally have two types of… Continue reading The Predominant Factor Test: Determining Whether the UCC or Common Law Applies to Mixed Contracts for Goods and Services