Kimberly A. Wilson – October 5, 2012 Introduction A project architects or a design professional (“architect”) plays a key role on any construction project. The role of the project architect, its obligations and responsibilities are most often set forth in a written contract between the architect and owner. The scope of an architect’s liabilities, however,… Continue reading Design Professional’s Duty to Provide Non-Negligent Plans
Month: October 2012
General Condition Costs are not Lienable
Kirk D. Johnston – October 5, 2012 On private construction projects, contractors ordinarily have the right to file a mechanic’s or materialman’s lien under applicable state law to collect unpaid sums due on a construction contract. However, on July 11, 2012, the Georgia Court of Appeals ruled in 182 Tenth, LLC v. Manhattan Construction Company (2012 WL… Continue reading General Condition Costs are not Lienable
Is Noticing a Crack Really “Notice”?
Katherine L. Heckert – September 20, 2012 Imagine a homeowner repairs a small crack in the wall, only to find more minor cracks months later, gradually increasing in size, eventually revealing the truth: a significant foundation problem. In the ensuing construction defect litigation, the court must determine if the first crack put the homeowner on… Continue reading Is Noticing a Crack Really “Notice”?
Minnesota Arguably Expands Coverage for Additional Insureds in the Construction Context
Laura N. Maupin – September 19, 2012 The Minnesota Court of Appeals issued an unpublished decision in May, 2012 which trends towards an expansion of coverage for additional insureds in the construction context by extending coverage to claims of direct, as well as vicarious liability. In Nor-Son, Inc. v. Western National Mut. Ins. Co., No.… Continue reading Minnesota Arguably Expands Coverage for Additional Insureds in the Construction Context
Arizona Construction Law Summary
James J. Sienicki and Eric H. Spencer – September 14, 2012 This year has been a busy one so far for legal developments affecting the Arizona construction industry. Here is a brief summary of court cases and legislation of interest. Case Law: In Wang Electric, Inc. v. Smoke Tree Resort, LLC, 2012 Ariz. App. LEXIS 120,… Continue reading Arizona Construction Law Summary