Applicability of statute that prohibits the contractual elimination of tort liability, to a contract clause waiving the right to subrogation. Rural Mutual Insurance Co. v. Lester Buildings, LLC. Supreme Court of Wisconsin (2019), by Hugh Anderson

Applicability of statute that prohibits the contractual elimination of tort liability, to a contract clause waiving the right to subrogation. Rural Mutual Insurance Co. v. Lester Buildings, LLC. Supreme Court of Wisconsin (2019)

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Project owner’s liability for delays arising from design review comments that deviated from the contractually-established design process. Appeals of RBC Construction Corp. Armed Services Board of Contract Appeals (2020), by Hugh Anderson

Project owner’s liability for delays arising from design review comments that deviated from the contractually-established design process. Appeals of RBC Construction Corp. Armed Services Board of Contract Appeals (2020), by Hugh Anderson

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Timeliness of construction defect claims—commencement of California’s 10 year statutory repose period. Hensel Phelps Construction Co. v. Superior Court. Court of Appeals of California (2020).by Hugh Anderson

Timeliness of construction defect claims—commencement of California’s 10 year statutory repose period. Hensel Phelps Construction Co. v. Superior Court. Court of Appeals of California (2020).by Hugh Anderson

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Contractor Incentives, The Carrot vs. the Stick, by Kevin O’Beirne

A wry, old joke goes, “The beatings will continue until morale improves.” No one enjoys being threatened before doing anything wrong, yet construction contracts do this to contractors all the time. Contract clauses intended to discourage certain actions or outcomes are common. Among these are liquidated damages and penalties for late completion, special (conditional) damages […]

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Did the construction contractor encounter a differing site condition? W.M. Schultz Construction Inc. v. Vermont Agency of Transportation. Supreme Court of Vermont (2018), by Hugh Anderson

Summary: W.M. Schultz Construction entered into a contract with the Vermont Agency of Transportation (VTrans) to rebuild four highway bridges destroyed by Tropical Storm Irene. Schultz completed three of the bridges without incident. The fourth bridge (referred to as Bridge 19) was a single-span steel-girder bridge over the White River. The east abutment of the […]

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Engineer’s duty to warn contractor of dangerous roof conditions. Waltman v. Engineering Plus, Inc. Supreme Court of Mississippi (2019), by Hugh Anderson

Summary: Construction foreman George Waltman was injured when he fell through the roof of a building in Meridian, Mississippi. Waltman was an employee of the general contractor, Norman Enterprises. Waltman claimed the project engineer was aware of the dangerous condition of the roof and failed to warn the workforce of the danger. Lauderdale County had […]

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General contractor’s responsibility for safety of subcontractor’s employee. Foley v. Builtech Construction, Inc. Appellate Court of Illinois (2019), by Hugh Anderson

Summary: John Foley was an employee of a subcontractor. He injured his back while pulling rebar from a tangled storage pile. Builtech was the general contractor. Foley sued Builtech, alleging negligence, failure to provide a safe workplace, and premises liability. Builtech moved for summary judgment, contending that it did not have actual or constructive notice […]

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Issue: Impact of a pay-when-paid clause in the context of subcontractor’s payment bond claim. Crosno Construction, Inc. v. Travelers Casualty and Surety Company of America. Court of Appeal, California (2020), by Hugh Anderson

Summary: Clark Bros., Inc., was the general contractor on an arsenic removal water treatment plant project for the North Edwards Water District in Kern County, California. Clark furnished a payment bond issued by Travelers. Clark entered into a subcontract with Crosno Construction under which Crosno was to fabricate, erect, and coat two 250,000-gallon welded steel […]

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Calculation of the deductible under a builder’s risk insurance policy. McDonnel Group, LLC v. Starr Surplus Lines Insurance Company, United States District Court for the Eastern District of Louisiana (2020), by Hugh Anderson

Summary: The McDonnel Group was the general contractor for the renovation of the historic Jung Hotel in New Orleans. McDonnel purchased a builder’s risk policy, expressly including flood insurance. Two years into the project, on August 5, 2017, a heavy rain caused $3.2 million in damage to the work in progress. McDonnel made a claim […]

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