David McLain | Higgins, Hopkins, McLain & Roswell In the recent case of BKV Barnett, LLC v. Electric Drilling Technologies, LLC, the United States District Court for the District of Colorado dealt with significant legal issues concerning indemnification and insurance obligations in construction agreements. The ruling, handed down on September 26, 2024, serves as a crucial… Continue reading BKV Barnett, LLC v. Electric Drilling Technologies, LLC: Analyzing the Impact of Colorado’s Anti-Indemnification Statute
Month: December 2024
Preventing and Overcoming Project Delays
Melissa Billig, Kenneth Block, Perry Chresomales, Brandon Reiner, Stuart Rosen and Hillel Sussman | Tannenbaum Helpern Syracuse & Hirschtritt The key to the timely completion of a construction project is the preparation and maintenance of a comprehensive project schedule utilizing the critical path method (CPM) of scheduling. Preparation of a CPM schedule requires that all… Continue reading Preventing and Overcoming Project Delays
Construction Professionals Could Face More Liability Exposure Following California Appellate Ruling
Jamison Rayfield and Brian Slome | Lewis Brisbois The California Court of Appeal recently reversed a summary judgment ruling in favor of a geotechnical engineering firm that had conducted a brief inspection of a residential construction project’s footing trench for $360. The case arose when homeowner Cheryl Lynch experienced significant property damage after her home’s foundation failed… Continue reading Construction Professionals Could Face More Liability Exposure Following California Appellate Ruling
Massachusetts Appellate Court Confirms Construction Defects are Not Covered Under Commercial General Liability Policies
Bill Wilson | Construction Law Zone In a case of first impression in Massachusetts, Lessard v. R.C. Havens & Sons, Inc., 104 Mass. App. Ct. 572 (2024), the Appellate Court confirmed that construction defects, without more, do not constitute property damage within the meaning of a commercial general liability policy (CGL). In Lessard, the homeowners filed suit against… Continue reading Massachusetts Appellate Court Confirms Construction Defects are Not Covered Under Commercial General Liability Policies
Beyond the Flow-Down Clause: Subcontract Provisions That Can Expose General Contractors to Increased Liability and Inconsistent Outcomes
Phillip L. Parham III | ConsensusDocs Flow-down clauses in construction subcontracts—blanket clauses providing that some or all of the terms and conditions in the prime contract between the general contractor and the property owner apply equally between the subcontractor and general contractor—are an important component to managing risk for a general contractor and reducing the… Continue reading Beyond the Flow-Down Clause: Subcontract Provisions That Can Expose General Contractors to Increased Liability and Inconsistent Outcomes