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Constructlaw® is an update and discussion of recent trends in construction law and construction litigation. It is edited by Robert A. Gallagher, partner in Pepper Hamilton LLP's Construction Practice Group. Additional contributors are listed on the Contributors page. For more information about Pepper's Construction Practice Group, click here.-
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Tag Archives: Indemnity Provision
No Negligence? No Causation? No Problem. Arizona Appellate Court Holds General Contractor Need Not Prove Subcontractor’s Negligence or Causation To Be Indemnified
Amberwood Dev., Inc. v. Swann’s Grading, Inc., No. 1 CA-CV 15-0786, 2017 Ariz. App. Unpub. LEXIS 207 (Ct. App. Feb. 23, 2017) This case arose out of a housing development project, with Amberwood Development Inc. (“Amberwood”) acting as the general … Continue reading
U.S. District Court In Kansas (Applying Texas Law) Holds That Indemnity Clause Which Failed to Call Out Indemnitee’s Negligence Did Not Afford Indemnity for Attorneys’ Fees Even Where Indemnitee Sued for Negligence Was Found Not Negligent
Martin K. Eby Constr. Co., Inc. v. OneBeacon Ins. Co., 2012 U.S. Dist. LEXIS 131875 (D. Kan. Sept. 17, 2012) Eby was the contractor for a project to build a water pipeline in Texas. KBR was the construction manager … Continue reading
U.S. Court of Appeals for 6th Circuit Holds Contractor’s Liability Policy Afforded Coverage for Property Damage To Other Portions of Building Arising Out of Defective Foundation Work
Fortney & Weygandt, Inc. v. American Manufacturers Mutual Insurance Co. 2010 U.S. App. Lexis 2836 (6th Cir. Feb. 12, 2010) The United States Court of Appeals for the Sixth Circuit recently held that where a contractor’s defective foundation work required … Continue reading
The Appellate Division of the Supreme Court of New York holds that seller of a building may seek indemnification from a mechanical engineer whose negligent design caused seller to have to pay the new owner for costs arising out of the design flaws. The Court also holds that the economic loss doctrine did not bar a claim for professional malpractice.
17 Vista Fee Assocs. v. Teachers Ins. and Annuity Assoc. of America, 1999 N.Y. App. Div. LEXIS 7981 (July 15, 1999) The plaintiffs/third-party plaintiffs 17 Vista Fee Associates and 17 Vista Associates (“17 Vista”) entered into a sale agreement with … Continue reading
