Garret Murai | California Construction Law Blog Cases sometimes take unanticipated twists and turns. Atlas Construction Supply, Inc. v. Swinerton Builders, Case No. D076426 (January 26,2021), involving a tragic construction accident, a motion for summary judgment, a motion for good faith settlement, and a stipulated dismissal, is one of those cases. The Accident Swinerton Builders was the… Continue reading Court Finds that Subcontractor Lacks Standing to Appeal Summary Judgment Order Simply Because Subcontractor “Might” Lose at Trial Due to Order
Month: March 2021
Illinois Court Determines Duty to Defend Construction Defect Claims
Tred R. Eyerly | Insurance Law Hawaii Given the underlying allegations of damage to personal property, the court determined the insurer had a duty to defend. Certain Underwriters at Lloyd’s London v. Metropolitan Builders, Inc., 2019 Ill. App. LEXIS 979 (Ill. Ct. App. Dec. 18, 2019). Metropolitan was hired as the general… Continue reading Illinois Court Determines Duty to Defend Construction Defect Claims
Injured Subcontractor Employee Asserts Premise Liability Claim Against General Contractor
David Adelstein | Florida Construction Legal Updates In an interesting opinion, an injured employee of an electrical subcontractor sued the general contractor of a parking garage project under a premise liability theory after being injured when stepping on an uncovered floor drain at the project site. There is no discussion in the opinion as to workers compensation immunity. … Continue reading Injured Subcontractor Employee Asserts Premise Liability Claim Against General Contractor
Court of Appeals Applies Collateral Source Rule in Construction Dispute
Joseph Davies | Smith Debnam Narron Drake Saintsing & Myers Legal doctrines develop over time, with judges determined to allocate blame and risk fairly. One such doctrine – an old one – is the “one recovery” rule. The one recovery rule basically means that an injured party should only recover once for any particular injury.… Continue reading Court of Appeals Applies Collateral Source Rule in Construction Dispute
The Claim Process – Concurrent Delays: Understanding the Impact on Delay Claims
Amandeep Kahlon | Bradley Arant boult Cummings A delay is “concurrent” is a delay to the critical path of the project caused by multiple events not exclusively controlled by one party. If you are impacted by a delay to the critical path that was not within your control but are responsible for another overlapping delay to… Continue reading The Claim Process – Concurrent Delays: Understanding the Impact on Delay Claims