Michael P. Cotton | K&L Gates | February 29, 2016 In its July 8, 2015 opinion, the Superior Court of Pennsylvania held that design professionals are potentially subject to liability for negligent misrepresentation claims when it is alleged that their design documents negligently included false information via implicit representations. Gongloff Contracting, L.L.C. v. L. Robert… Continue reading Pennsylvania Superior Court Holds that Economic Loss Doctrine Does Not Shield Design Professionals from Liability for Faulty Information Implicitly Represented in Design Documents
Month: March 2016
Construction Corner: Construction Contract Basics
Christine L. Chipman and Laurann Asklof | Shipman & Goodwin LLP | March 1, 2016 In a previous Construction Corner Post we discussed the primary elements of a design contract for a school construction project. In this post we will describe the basic elements of a construction contract for a school construction project where the… Continue reading Construction Corner: Construction Contract Basics
Ohio Supreme Court Upholds Liquidated Damages
Eric Travers | Kegler Brown Hill & Ritter | February 24, 2016 Ohio Supreme Court holds that the enforceability of a liquidated damages provision must be analyzed at the time of contracting, not at the end of a project. The Supreme Court of Ohio issued a decision today in Boone Coleman Constr. Inc. v. The… Continue reading Ohio Supreme Court Upholds Liquidated Damages
Finding Coverage for “ Additional Insured ” Third Circuit Cautions that “Insurer Cannot Bury its Head in the Sand”
Michael H. Sampson, Jay M. Levin, Andrew J. Muha, Douglas R. Widin and Caitlin R. Garber | Reed Smith | February 22, 2016 Executive Summary Using the “four corners” rule, the U.S. Court of Appeals for the Third Circuit decided in Ramara, Inc. v. Westfield Insurance Co., No. 15-1003 (3d Cir. Feb. 17, 2016), that… Continue reading Finding Coverage for “ Additional Insured ” Third Circuit Cautions that “Insurer Cannot Bury its Head in the Sand”
Discovery in Coverage and Bad-faith Litigation: are Courts Permitting more Invasive Discovery?
Mendes & Mount LLP | February 23, 2016 Introduction This update examines how the protections afforded to insurers by attorney-client privilege and the work product doctrine have been challenged and stretched through recent cases across the United States, particularly where bad faith of an insurer is alleged. It is in the context of bad faith… Continue reading Discovery in Coverage and Bad-faith Litigation: are Courts Permitting more Invasive Discovery?