Donald A. O’Brien – April 7, 2014 JEM Contracting, Inc. v. Morrison-Maierle, Inc., 373 Mont. 391, 318 P.3d 678 (Jan. 28, 2014) Plaintiff contractor was hired by two Montana Counties (“the Counties”) to work on a road construction project. Defendant engineering company was hired by the Counties to provide engineering services and supervision on the… Continue reading Engineer Not Liable for Telling Contractor it Would be Paid for Differing Conditions
Tag: construction law
Does the Need for Witness Testimony Trump a Forum-Selection Clause?
Laurence (Trip) W. DeMuth, III – February 26, 2014 Construction disputes should be determined by the facts. It’s a fair and simple concept – the facts will establish the truth and establishing the truth will lead to a just result. But establishing the facts can be difficult. First and foremost, witnesses are needed. And there… Continue reading Does the Need for Witness Testimony Trump a Forum-Selection Clause?
Editorial: Silica Exposure Lawsuits: The Next Toxic Tort?
Philip R. Stein – Bilzin Sumberg Baena Price & Axelrod LLP
Federal Appeals Court: U.S. Has Jurisdiction in Chinese Drywall Suits
Janet McConnaughey – February 13, 2014 U.S. courts have jurisdiction over claims that a Chinese drywall company’s defective product wrecked homes, and a company that failed to show up in court must pay $2.7 million for damage to seven Virginia couples, a federal appeals court in New Orleans has ruled. The 5th U.S. Circuit Court… Continue reading Federal Appeals Court: U.S. Has Jurisdiction in Chinese Drywall Suits
The Right to Repair Act Does Not Apply to Cases With Actual Property Damages
Jampol Zimet LLP – November 12, 2013 The California Court of Appeals ruled this summer, in a surprising decision that has shaken the building industry, that the Right to Repair Act does not apply in cases where a home has suffered actual damages. In the case before the Court, Liberty Mutual Insurance Company v. Brookfield… Continue reading The Right to Repair Act Does Not Apply to Cases With Actual Property Damages