7/12/24
By: Catherine A. Bednar and Andrew M. Vandini
On June 17, 2024, in Bus. Interiors Floor Covering Bus. Tr. v. Graycor Constr. Co.,1 the Massachusetts Supreme Judicial Court answered an issue left undecided by Tocci Building Corp. v. …
Category: Construction & Design Professional
In Illinois, commercial general liability policies may now cover construction defects
6/27/24
By: Kolton A. Reed and Kingshuk K. Roy
Background
The Illinois Supreme Court in Acuity v. M/I Homes of Chicago, LLC, 2023 IL 129087 overturned decades old precedent in holding that a subcontractor’s defective work that results in property damage …
General contractor responsible for payment, even when subcontractor is hacked
6/13/24
By: Matthew P. Delfino and Jason M. Pannu
As the quantity and complexity of cyber threats continues to increase across various industries, a recent case from the U.S. District Court in Maryland highlights some of the security risks particular to …
American Arbitration Association updates construction industry rules and mediation procedures
5/8/24
By: David A. Slocum
For the first time in nearly a decade, the American Arbitration Association (“AAA”) recently issued a revised version of the Construction Industry Rules and Mediation Procedures (the “Rules”) applicable to construction industry disputes proceeding before the …
11/29/23
The Statute of Repose is a viable defense in cases dealing with construction defects in Pennsylvania. It limits the liability of builders for defects by barring suits filed 12 years from the date construction is completed. …
Tiebreaker or deal-breaker? Order of precedence in construction contracts
7/24/23
By: Alexander S. Gebert and Timothy B. Soefje
In baseball and softball, when a runner arrives at a base at the same time as the ball, the runner is thought to be safe. In other words, a tie goes to …
U.S. Supreme Court Expands Lands Available For Construction By Limiting The Clean Water Act
6/29/23
By: John L. Kortum
The United States Supreme Court vastly expanded the range of lands available for construction projects in a recent opinion limiting the reach of the Clean Water Act. By interpreting the phrase “waters of the United States” …
Massachusetts Appeals Court clarifies scope of the statute of repose
3/3/23
By: David Slocum
In a recent decision, the Massachusetts Appeals Court has clarified the scope of the significant protections afforded by the Massachusetts statute of repose to design professionals, contractors, subcontractors, and others involved with improvements to real property. …