Lian Skaf | The Subrogation Strategist Strict products liability cases have been the subject of much fluctuation in the Pennsylvania courts over the last few years. Utilizing hope created by the courts in recent strict liability cases, defendants have tried to revive defenses based on meeting industry standards and the plaintiff’s contributory negligence. Recently, the… Continue reading Industry Standard and Sole Negligence Defenses Can’t Fix a Defect
Month: June 2021
Florida Court Holds Rust and Corrosion is “Act of Nature”
Alycen A. Moss and Elliot Kerzner | Property Insurance Law Observer A Florida court recently held that rust and corrosion of water pipes is an “act of nature,” and, thus, was excluded from coverage under a homeowner’s insurance policy. In Dodge v. People’s Trust Insurance Company, 2021 WL 2217299 (4th DCA Jun. 2, 2021), Florida’s Fourth… Continue reading Florida Court Holds Rust and Corrosion is “Act of Nature”
Material Price Escalation Has Become A Source Of Substantial Conflict In Construction Contracting
V. James Dickson and M. Scott Jones | Adams and Reese The cost of building materials has risen significantly this year. Who should bear this risk and how can the various parties to construction contracts mitigate this risk? Owners, contractors, subcontractors, and suppliers have historically taken divergent perspectives in the control of risk of material… Continue reading Material Price Escalation Has Become A Source Of Substantial Conflict In Construction Contracting
What California’s COVID-19 Reopening Means for the Construction Industry
Garret Murai | California Construction Law Blog This past Wednesday, Governor Newsom announced that California would reopen after being in lockdown for over a year due to COVID-19. Gone is Governor’s Stay at Home Executive Order. Gone is California’s Blueprint for a Safer Economy. And gone is the state’s somewhat confusing four-tier, yellow (minimal), orange… Continue reading What California’s COVID-19 Reopening Means for the Construction Industry
Not All Design-Build Projects Are Created Equal
Nicole Markowitz and Richard Robinson | Peckar & Abramson As the need for faster and more efficient construction increases, design-build agreements are growing in popularity. Design-build projects may account for 44% of nonresidential building in the United States this year. However, contractors who venture into a “design builder” role may unexpectedly become liable for design… Continue reading Not All Design-Build Projects Are Created Equal