E. Carson Lange | Rogers Towers When preparing or negotiating the terms of construction contracts, parties often indicate where any dispute that may arise between the parties must be litigated. Courts will generally enforce such “venue” or “forum selection” clauses, and such clauses, when carefully worded, can be an effective means to control where a… Continue reading Where, Oh Where, Can My Lawsuit be Filed?
Month: January 2015
The Status of Lien Waivers in Utah Remains Cloudy
The Demise of the Economic Loss Rule in Construction Defect Litigation
Heather Howell Wright | Bradley Arant Boult Cummings | January 6, 2015 The Massachusetts Supreme Court recently held in Wyman v. Ayer Properties, LLC, that the “economic loss rule is not applicable to the damage caused to the common areas of a condominium building as a result of the builder’s negligence.” The Wyman decision is… Continue reading The Demise of the Economic Loss Rule in Construction Defect Litigation
A Loss That Continued for Sixteen Years is Allowed to Proceed
Brandee Bower | Property Insurance Coverage Law Blog | January 9, 2015 In Strauss v. Chubb Indemnity Insurance Company,1 the 7th Circuit Court of Appeals found a loss in Wisconsin that continued for sixteen years could proceed pursuant to the “continuous trigger theory” and was not time-barred. The plaintiffs constructed a home in Wisconsin in 1994… Continue reading A Loss That Continued for Sixteen Years is Allowed to Proceed
California Expands the Duty of Professional Consultants
E. Mabry Rogers | Bradley Arant Boult Cummings LLP | January 6, 2015 Professional consultants and sub-consultants provide essential services to a Project during its planning, design, construction, and acceptance. In some jurisdictions, they enjoy protections from liability for “economic losses” if they are not in a contract with the person or entity claiming damages… Continue reading California Expands the Duty of Professional Consultants