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Tag: construction contracts
Home Defect Case Highlights Option-to-Purchase Pitfall Under Mutual Mistake Doctrine
Joe Forward, WisBar News – September 19, 2013 A couple who designed and built a home containing defects is not liable to the couple who bought the home, a state appeals court has ruled. The ruling is a contract warning for home buyers who lease homes with an option-to-purchase. Buyers Niksa and Kelly Ivancevic brought… Continue reading Home Defect Case Highlights Option-to-Purchase Pitfall Under Mutual Mistake Doctrine
Shift in Minnesota’s Law on Indemnification in Construction Contracts
Laura N. Maupin – October 10, 2013 On Aug. 1, 2013, a significant overhaul of the Minnesota statute governing indemnification and risk-shifting in construction contracts went into effect. Generally, the amendment eliminates a long-standing exception to a prohibition against risk-shifting in the construction context. However, some language in the statute leaves lingering doubt regarding the… Continue reading Shift in Minnesota’s Law on Indemnification in Construction Contracts
Civil Trials are Disappearing in the US
Kenneth Childs – August 22, 2013 Over the past several years, fewer and fewer civil cases have proceeded to trial. Indeed, over the past 40 to 50 years or so, the decline has been precipitous. In 1962, 11.5 percent of federal civil cases went to trial, but by 2002 that figure had dropped to only… Continue reading Civil Trials are Disappearing in the US
The Economic Loss Doctrine Strikes Again: Supreme Court of Wisconsin Holds Property Owners have no Tort Claims Against Concrete Supplier
David P. Muth and John C. Schaak – August 13, 2013 The economic loss doctrine precludes parties to a contract from bringing tort claims to recover purely economic or commercial losses associated with their contractual relationship. The parties are thus limited to their contractual remedies. This sounds simple enough in theory, but, in practice, the… Continue reading The Economic Loss Doctrine Strikes Again: Supreme Court of Wisconsin Holds Property Owners have no Tort Claims Against Concrete Supplier