Statute of Repose: Is Equipment Installed as Part of Building Renovations Considered a “Product” or “Construction”?

Donald A. Rea | Construction Industry Counselor | November 1, 2018 Resolution of the question is critical to the application of product liability statutes or construction law and their often differing statutes of limitation and repose.  It was recently addressed in Puente v. Resources Conservation Co., Int’l, No. 76604-0-I, 2018 WL 5146983 (Wash. App. Oct. 22,… Continue reading Statute of Repose: Is Equipment Installed as Part of Building Renovations Considered a “Product” or “Construction”?

Supreme Court of Minnesota Holds Ventilator Motor Incorporated Into a Home’s HVAC System Qualifies as “Machinery” Excepted From the State’s Ten-Year Statute of Repose

John J. Gazzola | Pepper Hamilton LLP | July 26, 2018 Great N. Ins. Co. v. Honeywell Int’l, Inc., No. A16-0997, 2018 Minn. LEXIS 236 (May 9, 2018) This case arises out of a residential construction project and the installation of ventilators into a home’s HVAC system. Sixteen years after completion of the work, a… Continue reading Supreme Court of Minnesota Holds Ventilator Motor Incorporated Into a Home’s HVAC System Qualifies as “Machinery” Excepted From the State’s Ten-Year Statute of Repose

Product Liability in the USA

Walter L. Cofer and Alicia J. Donahue | Shook Hardy & Bacon | July 30, 2018 Use the Lexology Navigator tool to compare the answers in this article with those from other jurisdictions.     General climate and recent developments State of legal development In general terms, how developed are the product regulation and liability laws in your… Continue reading Product Liability in the USA

The Era of the Internet of Things: Can Product Liability Laws Keep Up?

Leta Gorman | International Association of Defense Counsel I. The Internet of Things Era WE ARE living in an era that some refer to as the “Internet of Things” (“IoT”), where wireless connected devices know how we work, play, shop, sleep, drive, manage our homes, and medicate. IoT is a concept that represents the network… Continue reading The Era of the Internet of Things: Can Product Liability Laws Keep Up?

Trendy Building Material May Cause Future Problems

J. Spencer Cook and Bryan G. Scott | Spilman Thomas & Battle | November 30, 2017 We all remember the litigation nightmare surrounding synthetic stucco or EIFS (exterior insulation finish systems) in the recent past. Now, commentators worry that Adhered Concrete Masonry Veneer, also known as manufactured stone veneer (pictured below), when installed improperly, poses… Continue reading Trendy Building Material May Cause Future Problems

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