Emma R. Wolfe and M. Ryder Lee | K&L Gates On 28 September 2023, the Tennessee Supreme Court held that the economic loss doctrine (ELD) “only applies in products liability cases and should not be extended to other claims.” After years of confusion and guessing by the lower courts and federal district courts in the… Continue reading Tennessee Supreme Court Holds Economic Loss Doctrine Does Not Apply To Construction Services Contracts
Month: October 2023
Five Ways to Improve Commercial Arbitration Clauses
Lauren Zimmerman and Jeff Zalesin | Selendy Gay Elsberg Consumer arbitration has been in the news lately, with Elon Musk under congressional scrutiny for Tesla Inc.’s use of arbitration clauses and Ticketmaster Entertainment Inc. facing a class action in the U.S. District Court for the Central District of California by Taylor Swift fans criticizing its… Continue reading Five Ways to Improve Commercial Arbitration Clauses
CGL Coverage for Liquidated Damages and the Contractual Liability Exclusion
Stu Richeson | The Dispute Resolver Liquidated delay damages are common in construction contracts and are generally imposed when a contractor fails to achieve substantial completion within the time required by the contract. While contracts like the AIA A201-2017 have provisions for extending the time to achieve substantial completion when delays are caused by circumstances… Continue reading CGL Coverage for Liquidated Damages and the Contractual Liability Exclusion
Grappling with the Wear and Tear Exclusions of Homeowner’s Policies
Gabrielle L. Wright | Marshall Dennehey Chabad filed a claim for water damage after a drain or sewer pipe broke. The insurer denied the claim under the general water damage exclusion but offered $5,000 under the “Water Backup or Overflow of Sewers and Drains” extension of the policy. The court granted the insured’s motion for… Continue reading Grappling with the Wear and Tear Exclusions of Homeowner’s Policies
Court Rejects Differing Site Condition Claim for Lack of Timely Notice
John Mark Goodman | BuildSmart A Minnesota federal court dismissed a tunnelling contractor’s differing site condition claim because notice of the condition was given eight days after the conditions were first observed whereas the contract required notice within three days (see Engineering & Construction Innovations, Inc. v. Bradshaw Construction Corp.). The project at issue involves installation of a… Continue reading Court Rejects Differing Site Condition Claim for Lack of Timely Notice