Katherine Dempsey | White and Williams In Nationwide Prop & Cas. Ins. Co. v. Fireline Corp., No. 1:20-cv-00684, 2023 U.S. Dist. LEXIS 104241, the United States District Court for the District of Maryland (District Court) considered whether the events giving rise to the plaintiff’s claims fell within the scope of a previously formed agreement, thereby rendering… Continue reading Insurer Springs a Leak in Its Pursuit of Subrogation
Month: August 2023
Words Matter – an Implied Warranty Case Before Washington’s Court of Appeals Is a Reminder
Traeger Machetanz | Davis Wright Tremaine There is a reason why contractors need to review their contracts closely and the Washington Court of Appeals’ decision in King County v Walsh Construction Company II LLC, No. 83787-7-1 (Wash. App. Ct. 2023) (“Walsh“) highlights the importance of close contractual scrutiny. In Walsh, the Court held that the contractor could maintain its implied warranty… Continue reading Words Matter – an Implied Warranty Case Before Washington’s Court of Appeals Is a Reminder
Construction Termination Issues for the Architect and Engineer: Part 1– Introduction to the Series
Melissa Dewey Brumback | Construction Law in North Carolina Earlier this year, I was asked to talk to other construction lawyers on the topic of termination. My first question was– whose termination are we talking about here– the architect / engineer? The contractor? Is someone wanting to “fire” the owner? The answer, as it turns… Continue reading Construction Termination Issues for the Architect and Engineer: Part 1– Introduction to the Series
Construction Termination Part 2: How to Handle Construction Administration when the Contractor is Getting Fired
Melissa Dewey Brumback | Construction Law in North Carolina If you’ve been working as a design professional for any length of time, you know that you must be a chameleon on the construction project. You need to “step into the skin” of both the Owner and the Contractor to determine who is at fault, and… Continue reading Construction Termination Part 2: How to Handle Construction Administration when the Contractor is Getting Fired
Limitation of Liability in Extra Work Order Trumped by Subcontract
John Mark Goodman | Build Smart A federal court in Louisiana last week refused to enforce a limitation of liability provision included in an extra work order holding that it was trumped by the parties’ subcontract (see Planet Construction v. Gemini Insurance, 2023 WL 4675387 (W.D. La. July 20, 2023)). Planet Construction was the general contractor… Continue reading Limitation of Liability in Extra Work Order Trumped by Subcontract