Megan Specia | The New York Times | June 27, 2017 The Dorney Tower in Camden, London, where hundreds of families were forced to evacuate this week because of safety concerns. CreditNiklas Halle’N/Agence France-Presse — Getty Images Hundreds of families were evacuated this week from Dorney Tower, a 23-story London apartment building, after the authorities found… Continue reading Would This London High-Rise Pass Muster in New York? Short Answer: No
Month: July 2017
Do Minnesota Municipalities Have the Authority to Source Public Works Contracts Using the Construction Manager at Risk Delivery Method?
Jocelyn Knoll and Lauren Roso | Dorsey | June 20, 2017 Recently, at least two experienced attorneys, one who represents contractors and the other who primarily represents public authorities, have published position papers opining whether Minnesota municipalities have the power and authority to use the Construction Manager at Risk (CMAR) contract delivery method when awarding… Continue reading Do Minnesota Municipalities Have the Authority to Source Public Works Contracts Using the Construction Manager at Risk Delivery Method?
Federal Court Rules Spearin Doctrine Contractor Immunity for Defects in Owner’s Design Includes Contractor’s Failure to Warn Owner About Defects
Alex Corey | Pepper Hamilton LLP | June 29, 2017 In general, courts will be hesitant to impose liability on contractors when the underlying problems stem from an alleged design flaw. The legal doctrine of implied fitness of design warranty, recognized by the U.S. Supreme Court, provides that a contractor bound to build according to… Continue reading Federal Court Rules Spearin Doctrine Contractor Immunity for Defects in Owner’s Design Includes Contractor’s Failure to Warn Owner About Defects
Ninth Circuit Holds That Despite ‘Known Damage’ Exclusion Insurer Had Duty Under Oregon Law to Indemnify and Defend Contractor When Property Damage Resulted From Contractor’s Negligent Repair of a Prior Negligent Act
Alex Corey | Constructlaw | June 22, 2017 Alkemade v. Quanta Indem. Co., 2017 U.S. App. LEXIS 6896 (9th Cir. Apr. 20, 2017) In 1994, Adrianus and Rachelle Alkemade (the “Alkemades”) bought a house from Meltebeke Built Paradise Homes (“Meltebeke”). The home was built on expanding soils, causing significant structural damage. Meltebeke repaired the existing… Continue reading Ninth Circuit Holds That Despite ‘Known Damage’ Exclusion Insurer Had Duty Under Oregon Law to Indemnify and Defend Contractor When Property Damage Resulted From Contractor’s Negligent Repair of a Prior Negligent Act
Construction Contracts-Design vs. Performance Specifications
J. Norman Stark | July 3, 2017 Construction contract specifications are not all the same. These individual written forms of construction documents describe materials, methods, quality and methods of incorporating them in the total improvement project. Every set of specifications prepared by the architect or engineer, have separate, distinct functions. More importantly, design specifications have… Continue reading Construction Contracts-Design vs. Performance Specifications