Thomas F. Segalla, Matthew S. Lerner and Han K. Kim – October 1, 2012 Construction defect coverage and liability litigation continues to be jurisdictionally specific and dictated by the relevant terms, conditions, limitations, exclusions and endorsements contained in the policy of insurance at issue. An assessment of the cases reported in this update indicates that… Continue reading Construction Defect Claims: An Update [Part 1]
Category: Construction Law
Second Circuit Clarifies Copyright Protection for Architectural Works and Drawings
David M. Kohane and Adam J. Sklar, August 22, 2012 Until 1990, federal law extended copyright protection to original architectural drawings, but generally did not extend such protection to actual buildings, even buildings constructed from protected drawings. The drawings were protected from copying as “pictorial” or “graphic” works, just like any sketch or painting. The… Continue reading Second Circuit Clarifies Copyright Protection for Architectural Works and Drawings
Expert Testimony Explaining how Engineer’s Conduct Fell below the Standard of Care is Necessary to Establish Negligence
A technical breach by an engineer of its design professional agreement may not be enough to establish that the engineer is negligent. As the City of Huntington Woods learned in Huntington Woods v. Orchard, Hiltz & McCliment, 2012 Mich App. LEXIS 879, expert testimony may be required to establish that an engineer’s contract breach amounts… Continue reading Expert Testimony Explaining how Engineer’s Conduct Fell below the Standard of Care is Necessary to Establish Negligence
Tips for Construction Defect Plaintiff Attorneys, and more… | The A/E/C Brief
Brian L. Hill – August 6, 2012 As I mentioned in my last newsletter, I attended LiMa Solutions’ VE-ADR 2012 conference in Key West, FL. This week, I am publishing the first in a series of posts with key take-away from the event. The first article is VE-ADR 2012: Emerging Strategies for Successful Construction Defect… Continue reading Tips for Construction Defect Plaintiff Attorneys, and more… | The A/E/C Brief
To Appeal, or not to Appeal: Good Faith Settlement Determinations
Seth Reagan – July 25, 2012 In lawsuits involving multiple defendants, it is not unusual for the plaintiff to settle with one or more of the defendants as the lawsuit progresses. If, after a hearing, the court determines that such a settlement was made in good faith, a settling defendant is exempt from any claims… Continue reading To Appeal, or not to Appeal: Good Faith Settlement Determinations