Denise H. McClelland – October 31, 2012 The Kentucky Court of Appeals held, in September 2012, that a general contractor is liable for unsafe lighting on a temporary walkway until the owner of the project accepts the work. At the request of a hospital owner, the general contractor built a pedestrian walkway from the hospital… Continue reading General Contractor Remains Liable for Property Safety until Owner Accepts the Project
Tag: construction
Arbitration of Construction Defect Claims against Developer and General Contractor
Polsinelli Shughart PC – October 16, 2012 Denver District Court orders arbitration of construction defect claims in Glass House Residential Association v. Alta Riverfront LLC et al, no. 2012CV1531. The Glass House ruling provides direction for developers and general contractors to choose a preferred method of dispute resolution for construction defect claims. The Denver District… Continue reading Arbitration of Construction Defect Claims against Developer and General Contractor
Will the use of IPD Suffer from the Technology that Supports IPD?
Stanley A. Martin – October 24, 2012 Integrated Project Delivery (IPD), although one of the bigger news-making concepts in the construction industry of late, remains more talked-about than accomplished. Estimates suggest less than 40 such projects in the US, so there have probably been more seminars about IPD than actual projects! And now, developments in… Continue reading Will the use of IPD Suffer from the Technology that Supports IPD?
Massachusetts Federal Court Holds Plaintiff’s Civil Engineering Expert not Qualified to Opine on Alternative Designs in Construction Loader Suit and Opinions not Shown Reliable because Expert Performed no Testing Regarding Proposed Designs’ Feasibility an
Foley Hoag LLP – October 2, 2012 In Carlucci v. CNH America LLC, 2012 WL 4094347 (D. Mass. Sep. 14, 2012), plaintiff was injured in a driveway paving accident when his co-worker backed over his foot while operating a skidsteer loader (a compact, highly maneuverable, four-wheel bucket loader) designed and manufactured by defendant. At the… Continue reading Massachusetts Federal Court Holds Plaintiff’s Civil Engineering Expert not Qualified to Opine on Alternative Designs in Construction Loader Suit and Opinions not Shown Reliable because Expert Performed no Testing Regarding Proposed Designs’ Feasibility an
Owner’s Material Breach may Excuse Contractor from Obligation to Perform
Alston & Bird, LLP – September 12, 2012 When things go wrong on a construction project, parties often engage in a “you-breached-no-you-breached” scenario. In a recent Texas case, an owner and contractor both alleged the other party breached the contract first, thus excusing their own further performance. The owner, who was also the general contractor,… Continue reading Owner’s Material Breach may Excuse Contractor from Obligation to Perform