Utah Digs Deep and Finds “Design Defect” Includes Pre-Construction Geotechnical Reports

Kyle Rice | White and Williams The Supreme Court of Utah recently found that an incorrect pre-construction geotechnical engineering report is a “defective design.” Thus, actions arising from an incorrect geotechnical report are appropriately governed by Utah’s Economic Loss Statute (Statute), Utah Code Ann. § 78B-4-513(1). Hayes v. Intermountain GeoEnvironmental Servs. No. 20190764, 2021 UT 62,… Continue reading Utah Digs Deep and Finds “Design Defect” Includes Pre-Construction Geotechnical Reports

Ohio Supreme Court: All Claims for Defective Construction or Design Must Be Brought Within 10 Years of Substantial Completion

Peter Hahn | Benesch | July 19, 2019 The Ohio Supreme Court has ruled any lawsuit for defective and unsafe conditions arising from the design or construction of an improvement to real property must be brought within 10 years of substantial completion of the project—regardless of whether the lawsuit arises out of a breach of… Continue reading Ohio Supreme Court: All Claims for Defective Construction or Design Must Be Brought Within 10 Years of Substantial Completion

How to Contain Construction Disputes

  John Cooper | Jones Day | December 28, 2015 Imagine if, when a dispute involving defective design or defective construction first arose, it could be dealt with in a safe environment so that the defects could be remedied and the possible impacts of them limited, reduced or avoided? There is no reason why this… Continue reading How to Contain Construction Disputes

“Consumer Expectations” Test In Design Defect Products Liability Case

Eugene Polyak | Smith Currie & Hancock | December 24, 2015 In Aubin v. Union Carbide Corp., 40 Fla. L. Weekly S596 (Fla. Oct. 29, 2015), the Florida Supreme Court recently resolved an important conflict between Florida’s intermediate appellate courts with respect to the test used in adjudicating design-defect claims in product liability cases. While working… Continue reading “Consumer Expectations” Test In Design Defect Products Liability Case

Sixth Circuit: A Michigan Collapse Extension Overrides Exclusions for Cracking and Defective Design

Dick Bennett | Cozen O’Connor’s Property Insurance Law Observer | July 15, 2015 In Joy Tabernacle — The New Testament Church v. State Farm Fire & Cas. Co., 2015 WL 3824733, 2015 U.S. App. LEXIS 10707 (6th Cir., Jun. 22, 2015), a unanimous panel of the federal Court of Appeals recently held that a collapse extension… Continue reading Sixth Circuit: A Michigan Collapse Extension Overrides Exclusions for Cracking and Defective Design

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