Nicholas D. Karkazis | Stoel Rives We’ve written before about contractual provisions that sometimes go unnoticed or unappreciated. Another such provision is a “liquidated damages” provision. Liquidated damages are a way to agree beforehand to the amount of damages that one party will owe the other in the event of a particular type of breach.… Continue reading Don’t Overlook a Contract’s Liquidated Damages Provision
Month: December 2021
Utah Digs Deep and Finds “Design Defect” Includes Pre-Construction Geotechnical Reports
Kyle Rice | White and Williams The Supreme Court of Utah recently found that an incorrect pre-construction geotechnical engineering report is a “defective design.” Thus, actions arising from an incorrect geotechnical report are appropriately governed by Utah’s Economic Loss Statute (Statute), Utah Code Ann. § 78B-4-513(1). Hayes v. Intermountain GeoEnvironmental Servs. No. 20190764, 2021 UT 62,… Continue reading Utah Digs Deep and Finds “Design Defect” Includes Pre-Construction Geotechnical Reports
Eleventh Circuit Finds No Coverage for Faulty Workmanship Claims
Tred R. Eyerly | Insurance Law Hawaii The Eleventh Circuit affirmed the district court’s grant of summary judgment to the insurer on the general contractor’s claims for damages due to faulty workmanship. Tricon Dev. of Brevard v. Nautilus Ins. Co., 2021 U.S. App. LEXIS 27317 (11th Cir. Sept .10, 2021). Tricon was… Continue reading Eleventh Circuit Finds No Coverage for Faulty Workmanship Claims
Protections Against Implied Warranty of Habitability Claims Broadened in Illinois
Scott Ruksakiati | Tyson & Mendes For many of us of a certain age, our first exposure to the Latin phrase caveat emptor came from an episode of the classic sitcom, The Brady Bunch. “Let the buyer beware” was the lesson Mr. Brady imparted to Greg for his spontaneous purchase of a beat-up convertible. That same lesson was… Continue reading Protections Against Implied Warranty of Habitability Claims Broadened in Illinois