You Should (Almost) Never Request A Jury For A Construction Case

Scott S. Orenstein Construction Contract disputes are complicated legal matters.  Both sides usually have valid points to make.  The winner is determined by the application of relatively complex facts to the law.  Such cases often involve information beyond the knowledge and understanding of the average juror.  Although it is true that most judges do not… Continue reading You Should (Almost) Never Request A Jury For A Construction Case

Watered-down Nevada Construction Defect Bill Gets Hearing

Brian Duggan – June 2, 2013 A last-ditch effort by Assembly Republicans to get a watered-down construction defect bill passed this session got a committee hearing on Sunday. Assemblyman Pat Hickey, R-Reno, is pushing Assembly Bill 504, which has the backing of construction industry representatives, but is opposed by trial lawyers who represent homeowners. And… Continue reading Watered-down Nevada Construction Defect Bill Gets Hearing

Another Exception to Fraud and Contract Don’t Mix

Christopher G. Hill – May 27, 2013 Here at Construction Law Musings, we’ve discussed the fact that, in Virginia, the “economic loss rule” generally renders claims of fraud and construction contracts like oil and water. This is true in most states, including Florida. What this means is that as a general rule where any party… Continue reading Another Exception to Fraud and Contract Don’t Mix

Recent Tennessee Legislation Affecting the Construction Industry

May 20, 2013 Earlier this year, the 108th General Assembly of Tennessee passed several bills of interest to owners, contractors, subcontractors, architects and others in the construction industry. This summarizes some of the notable bills. Underlicensed Contractors/No Lien Rights/Attachment of Mechanics’ Liens A bill clarifies that it is unlawful for any person to bid on… Continue reading Recent Tennessee Legislation Affecting the Construction Industry

Some Courts Say That Owners Cannot Sue Their Architects And Consultants For Designing Noncompliant Facilities

Minh N. Vu – May 21, 2013 Owners of commercial facilities and developers of multifamily housing should take note of an alarming trend:  Some courts are not allowing owners and developers to sue their architects and consultants for designing facilities that do not comply Americans with Disabilities Act (ADA) and Fair Housing Act (FHA) accessibility… Continue reading Some Courts Say That Owners Cannot Sue Their Architects And Consultants For Designing Noncompliant Facilities

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