About Constructlaw.comConstructlaw® is an update and discussion of recent trends in construction law and construction litigation.
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: Design/Build
Contractor’s Third Party Beneficiary Claim Dismissed Against Designer Where Designer’s Contract with Owner Lacked Clear Intent to Benefit the Contractor
Arco Ingenierosm, S.A. v. CDM Int’l Inc., Civil Action No. 18-12348-PBS, 2019 BL 100779 (D. Mass. Mar. 22, 2019) Luke Nicholas Eaton In November 2009, Tropical Storm Ida hit El Salvador, causing flooding, landslides, and the destruction of homes, roads, … 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
US District Court in New Jersey Holds Waiver of Subrogation in AIA General Conditions Applies to Post-Construction Policies and Losses
Argonaut Great Cent. Ins. Co. v. DiTocco Konstruction, Inc. 2007 U.S. Dist. LEXIS 93846 (D.N.J. Dec. 21, 2007) After a fire destroyed a T.G.I. Friday’s restaurant and all of its equipment, the meaning of the subrogation continuation clause contained in … Continue reading
Sokaogon Gaming Enterprise Corp. v. Tushie-Montgomery Assocs, Inc., 86 F.3d 656, 1996 U.S. App.LEXIS 13399 (7th Cir. June 5, 1996) District Court erred in granting summary judgment in favor of Indian tribe on grounds of tribe’s sovereign immunity; by signing … Continue reading
The Supreme Court of Alaska Held That a Contractor’s Failure to Comply with the Contractual Notice Provisions Barred Its Claim as a Matter of Law
Neal & Co., Inc. v. City of Dillingham and CH2M Hill Northwest, Inc., 923 P.2d 89 (Alaska 1996) In February of 1987, the City of Dillingham (“City”) solicited bids for the construction of a sewerage facility, which would include two … Continue reading