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Construction Law 2014: A Year in Review – RESCHEDULED DUE TO WEATHER

Due to the weather for Thursday, March 5, 2015, Babst Calland’s Construction Law 2014: The Year in Review seminar has been rescheduled and will now be held on Wednesday, March 25, 2015. We apologize for any inconvenience this may cause you, and we hope that you will be able to join us on this new...

West Virginia Supreme Court Announces Major Change to West Virginia Construction Law – Owners May Now Recover Damages In Excess of Costs to Repair

By Marc J. Felezzola , Associate, Babst, Calland, Clements and Zomnir, P.C. The West Virginia Supreme Court’s recent decision in the Brooks v. City of Huntington case overturned years of precedent regarding what a claimant may recover for property damage. Prior to the Brooks decision, the...

Authorized Agents of a Property Owner Are Not Subject to Individual Liability Under CASPA

By Dylan B. Spadaccino, Esq. , Associate, Babst, Calland, Clements and Zomnir, P.C. It is not uncommon for contractors and subcontractors to be verbally directed to perform extra work on construction projects without written change orders. Construction attorneys frequently deal with payment claims...

The Anatomy of a Construction Dispute Stage 2- Increase the Heat

Last week we discussed the groundwork and circumstances of a construction claim . This week’s post will discuss the next steps, hopefully short of full blown arbitration or litigation that you, as a construction company, can pursue presuming your claim has been properly preserved. If your contract...

The Anatomy of a Construction Dispute Stage 3- The Last Straw

Over the past two weeks here at Construction Law Musings, I’ve discussed the first two stages of a typical construction dispute (if such a thing exists): the claim , and how to bring heat short of litigation/arbitration . As promised, this week I’ll be discussing the next step or “last...

Anatomy of a Construction Dispute- An Alternative

Over the past three weeks, I’ve discussed three “stages” of a construction dispute from the claim , to how to increase the pressure for payment, to the litigation . While these three steps are all too often necessary tools in your construction collection arsenal, they are expensive...

Anatomy of a Construction Dispute- A Wrap Up

Over the past four weeks, I’ve “mused” on the “stages” of a construction dispute. What started as a kernel of thought in my mind turned into what has seemed to be a popular set of four posts that I hope were both informative and interesting. Because of the great feedback...

No Cover for Incorrectly Performed Work: Insurance is Not a Guarantee of Good Workmanship

Contractors and developers purchase insurance to protect against bodily injury or property damage caused by their negligence. It does not, nor could it do so and still be insurance, guarantee the quality of workmanship of the insured. The policies clearly exclude damages arising out of work performed...

Do We Really Want Courts Deciding if Our Construction Contracts are Fair?

As I posted recently, the Virginia General Assembly has passed, and I can see no reason why the governor won’t sign, [ enhanced version available to lexis.com subscribers ], a bill that would essentially invalidate preemptive contractual waivers of lien rights as they relate to subcontractors and...

Well That Was Easy: Construction Defect: One Insurer’s Simple Solution To It All

If you are reading this then you are familiar with the surfeit of litigation, over the past decade-plus, concerning the availability of insurance coverage for construction defects. In very general terms you could say that there have been two types of cases – ones where coverage turns on whether...

7th Circuit Rules That Title Insurer Is Not Liable for Construction Liens Resulting From Lender’s Failure to Fund

The 7th Circuit has ruled that a lender is not insured by a title company for liens that arise after a construction loan became significantly out of balance and the lender stopped funding. In BB Syndication Services, Inc v. First American Title Insurance Company , decided March 12, 2015 by the Unites...

Home Contractor’s Failure To Register Exposes It To Consumer Protection Act Liability

Case is Good Reminder to Ensure That Contractors Register With State With the record amount of snow, roof leaks and interior damage just beginning to hit Bay State homeowners, this spring should be a record season for Massachusetts home improvement contractors. But, according to a recent court ruling...

Don’t Delay: Document, Document, Document & Document Some More

By Kevin A. Rust If you are being delayed on a project, it is critically important that you document the delay, how much it is costing you, and who or what is causing the delays. Many construction contracts have provisions that require notice of any defect to be provided. If you fail to give...

Key Questions About Virginia’s Statute of Repose

By Ned Nicholas Builders and design professionals are sometimes sued for personal injuries and property damages arising out of their construction and design work. Because buildings tend to last for decades, builders and design professionals would face decades of potential exposure to such suits...

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