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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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Tag Archives: negligence
The Washington Court of Appeals Clarifies When the Statute of Limitations for a Negligence Claim Begins to Run Under the Discovery Rule
Dep’t of Transp. v. Seattle Tunnel Partners, 2019 BL 36988, 2 (Wash. App. Div. 2 Feb. 05, 2019) Christine Z. Fan On January 8, 2019, the Court of Appeals for the State of Washington reversed and remanded in part a … Continue reading
Divided Delaware Supreme Court Holds Highway Contractor Owes a Common Law Duty to Provide for the Safety of the Traveling Public, Above and Beyond Its Approved Traffic Control Plan
Pavik v. George & Lynch, Inc., No. 160, 2017, 2018 Del. LEXIS 133 (Mar. 23, 2018) This case arises out of a highway reconstruction project and a car accident which occurred on the highway during non-working hours. The Delaware Department … Continue reading
A Project Consisting of Several Component Projects Is a Single Project or “Product Purchased by the Owner” Within the Meaning of the Indiana Economic Loss Rule; Only Damage to Pre-Exiting Property at the Site May Be Subject to Recovery in Negligence
City of Whiting v. Whitney, Bailey, Cox & Magnani, LLC, 2018 U.S. Dist. LEXIS 44943 (N.D. Ind. Mar. 20, 2018) The City of Whiting, Indiana (the “City”) undertook a 26-acre lakefront development project. It hired an engineering firm to serve … Continue reading
Ninth Circuit Holds That Despite ‘Known Damage’ Exclusion Insurer Had Duty Under Oregon Law to Indemnify and Defend Contractor When Property Damage Resulted From Contractor’s Negligent Repair of a Prior Negligent Act
Alkemade v. Quanta Indem. Co., 2017 U.S. App. LEXIS 6896 (9th Cir. Apr. 20, 2017) In 1994, Adrianus and Rachelle Alkemade (the “Alkemades”) bought a house from Meltebeke Built Paradise Homes (“Meltebeke”). The home was built on expanding soils, causing … Continue reading
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