Cameron Sheldon | Ahlers Cressman & Sleight The Washington State Supreme Court’s recent decision in Lake Hills Invs., LLC v. Rushforth Constr. Co. No. 99119-7, slip op. at 1 (Wash. Sept. 2, 2021) marks the first time in over 50 years that it has ruled on the Spearin doctrine. The Court’s opinion clarified the contractor’s burden when asserting a Spearin defense and affirmed the jury’s verdict in favor… Continue reading Washington State Supreme Court Issues Landmark Decision on Spearin Doctrine
Month: October 2021
Flow-Down Showdown: The Interplay of Arbitration Agreements and Flow-Down Provisions
Lexie Pereira | Forum on Construction Law Flow-down, or pass-through, provisions are among the most important provisions in all subcontracts, at least from the perspective of general contractors. These classic risk-transfer provisions provide that the subcontractor will be bound to the general contractor in the same fashion that the general contractor is bound under its… Continue reading Flow-Down Showdown: The Interplay of Arbitration Agreements and Flow-Down Provisions
Nevada’s Common Law Meaning of the Term “Substantial Completion” in the Statute of Repose
William Doerler | The Subrogation Strategist Statutes of repose establish a legislature’s determination of when defendants should be free from liability. As set forth in Nevada Revised Statute (NRS) 11.202, the statute of repose for construction improvements in Nevada is six years after “substantial completion.” In Somersett Owners Ass’n v. Somersett Dev. Co., 492 P.3d 534… Continue reading Nevada’s Common Law Meaning of the Term “Substantial Completion” in the Statute of Repose
Seven Proactive Steps to Avoid Construction Delay Disputes
Michael Pink | Construction Executive Delays, cost overruns and disputes have long been part of the commercial construction industry, making the work of reactive forensic analysis by consultants and attorneys a necessary component. Yet many internal practices and issues within construction companies strongly correlate with projects that result in legal disputes and financial losses. There… Continue reading Seven Proactive Steps to Avoid Construction Delay Disputes
Federal District Court Dismisses Property Claim After Insured Allows Loss Location to Be Destroyed Prior to Inspection
James M. Eastham | Traub Lieberman Straus & Shrewsberry In BMJ Partners LLC v. Arch Specialty Insurance Co., No. 20-CV-03870, 2021 WL 3709182 (N.D. Ill. Aug. 20, 2021), the United States District Court for the Northern District of Illinois dismissed, with prejudice, a coverage action filed by an insured based on a failure to comply with… Continue reading Federal District Court Dismisses Property Claim After Insured Allows Loss Location to Be Destroyed Prior to Inspection