Mark Morris and Tyson Prisbrey | Snell & Wilmer Utah courts continue to strengthen both the common law and statutory economic loss rule by limiting what duties are independent of those in a typical buyer/seller contractual relationship and thus limiting the common law exception for the economic loss rule. Under the common law economic loss… Continue reading Utah Courts Expand the Reach of the Economic Loss Rule in Construction Disputes
Month: February 2022
Every Construction Project Comes With Risk, but It Can Be Managed
Karl F. Oles | Stoel Rives Here are some ideas about how contractors can manage risk through a construction contract. These ideas may be useful to owners as well. One foreseeable risk is breach. If a contractor’s work is defective, the owner may pay others to fix it. This may cause delay that affects the… Continue reading Every Construction Project Comes With Risk, but It Can Be Managed
Construction Contract Terms Matter. Be Careful When You Draft Them.
Christopher G. Hill | Construction Law Musings In a prior post, I discussed the case of Fluor Fed. Sols., LLC v. Bae Sys. Ordinance Sys in the context of the interplay between fraud, contract, and statutes of limitation. Some cases just keep on giving. This time the case illustrates the need for careful drafting of those pesky, and highly… Continue reading Construction Contract Terms Matter. Be Careful When You Draft Them.
More Reminders that the Specific Contract Terms Matter
Christopher G. Hill | Construction Law Musings If there is a theme I have pounded upon here at Construction Law Musings in the over 13 years of posting, it is that the specific terms of your construction contracts will make a huge difference. While there have been reminders galore, a case from the Eastern District of Virginia… Continue reading More Reminders that the Specific Contract Terms Matter
Landmark Montana Supreme Court Decision Series: Trigger and Allocation
Lorielie S. Masters, Patrick M. McDermott and Rachel E. Hudgins | Hunton Insurance Recovery Blog In one of the top insurance-coverage decisions of 2021, the Montana Supreme Court at the end of the year handed down a landmark decision adopting the continuous trigger of coverage and “all sums” allocation, finding a duty to defend and… Continue reading Landmark Montana Supreme Court Decision Series: Trigger and Allocation