Anand Gupta | Construction Law Zone The construction industry often relies on contract forms drafted by the American Institute of Architects (AIA). These AIA forms include agreements between owners, designers, consultants, contractors, subcontractors, and construction managers. Some prefer to use the forms in the stock form, but others prefer to modify the language to their… Continue reading Updates to AIA Contract Applications
Month: December 2024
Texas Allows Wide Scope for Certificate of Merit
Lian Skaf | White and Williams The purpose of certificate of merit (sometimes referred to as affidavit of merit) statutes is to identify frivolous claims before the court wastes time and resources during litigation. More common in medical malpractice cases, several states have enacted similar requirements for professional negligence claims dealing with construction-related issues. While… Continue reading Texas Allows Wide Scope for Certificate of Merit
Understanding Insurance Disputes in Construction Defect Litigation: A Review of Acuity v. Kinsale
David McLain | Higgins, Hopkins, McLain & Roswell Construction projects are inherently complex, and insurance coverage plays a crucial role in managing risks, especially when unforeseen issues arise. The case of Acuity v. Kinsale demonstrates the tangled web of insurance obligations, especially when multiple insurers provide coverage for a single event. This case, involving Monarch Stucco, Inc.,… Continue reading Understanding Insurance Disputes in Construction Defect Litigation: A Review of Acuity v. Kinsale
Recent First Department Decision Revisits Duty of Care and Common Law Negligence
Hilary Simon and Kristiana Zuccarini | Kennedy’s The Appellate Division of the State of New York, First Department recently reversed a lower court decision, holding that a subcontractor did not owe a duty of care to a plaintiff working on a jobsite and therefore, determined that the subcontractor could not be held liable for a… Continue reading Recent First Department Decision Revisits Duty of Care and Common Law Negligence
The Importance of Staying Organized for Discovery
Karl F. Oles and Heidi L. VanderWel | Stoel Rives Most companies, hopefully, have a low risk of litigation. However, when litigation is unavoidable, it is important to be as prepared as possible to mitigate expenses and potential liability. Discovery—the process of exchanging relevant information for a case—is an integral part of the litigation process.… Continue reading The Importance of Staying Organized for Discovery