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Robert A. Gallagher, a partner in Pepper Hamilton's Construction Practice Group, is the editor. Additional contributors are listed on the Contributors page. For more information about Pepper's Construction Practice Group, click here.
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Category Archives: Defective Work
California Supreme Court Clarifies That “Right to Repair Act” is Exclusive Remedy for Both Economic Loss and Property Damage Arising From Construction Defects
McMillin Albany LLC v. Superior Court, No. S229762, 2018 Cal. LEXIS 211 (Jan. 18, 2018) Several homeowners (“Plaintiffs”) brought suit against developer/general contractor McMillin Albany LLC (“McMillin”) for alleged defective construction of new homes. Plaintiffs alleged the defects caused property … Continue reading
In Dismissing Homebuyer’s Defective Construction Suit Against Contractor for Lack of Privity, Supreme Court of Utah Cautions Future Homebuyers to Obtain Express Assignment of All Available Warranties at Time of Acquiring Home
Tomlinson v. Douglas Knight Constr., Inc., 2017 Utah Lexis 132 (August 29, 2017) This case arises out of the construction of a residential property. Lot 84 Deer Crossing (“Lot 84”) purchased the property and contracted with Douglas Knight Construction, Inc. … Continue reading
Western District of Virginia Confronts Several Legal Issues That Frequently Impact Multi-Party Construction Disputes – Economic Loss, Damage to Other Property, Third Party Beneficiary Status, Warranties, Subrogation, and Third-Party Joinder
Allstate Insurance Company v. Structures Design/Build, LLC, 2016 U.S. Dist. LEXIS 34349 (WD VA March 17, 2016) This construction dispute case arises from a failed pipe connector that caused water damage to a facility and insured personal property, which Hillel … Continue reading
Florida Appeals Court Holds Contractor and Engineering Firm Entitled to Summary Judgment on Personal Injury Claim Where Owner Accepted Project with Open and Obvious Defect
Transportation Eng’g, Inc. v. Cruz, 2014 Fla. App. LEXIS 18273 (Fla. Dist. Ct. App. 5th Dist. Nov. 7, 2014) The Florida Department of Transportation (“DOT”) hired Transportation Engineering, Inc. (“TEI”) to design, and D.A.B. Constructors, Inc. (“DAB”) to install, median … Continue reading
Massachusetts Supreme Court Holds Economic Loss Rule No Bar to Condo Trustees’ Claim for Damages to Common Areas Caused By Building Defects
Wyman v. Ayer Properties, LLC, 469 Mass. 64, 2014 Mass. LEXIS 524 (July 10, 2014) The Massachusetts Supreme Court ruled that the economic loss rule, which bars recovery of tort damages from the negligent supplier of a defective product when there … Continue reading