Litigation

Recent Posts

Vandeventer Black LLP: Witnesses Are Overrated
Posted on 3 Dec 2013 by Vandeventer Black LLP

By Ned Nicholas In television law it’s all about the witnesses. This was true back in the day with Perry Mason and it’s true today on the many courtroom drama shows. And there is no denying some testimony (“he shot her” or “the... Read More

Babst Calland: AIA General Conditions Mediation Clause Covered Contractor’s Mechanics’ Lien Claim
Posted on 14 Feb 2014 by Babst Calland

By James D. Miller The United States District Court for the District of Maryland recently interpreted the mediation clause in the AIA A201 -2007 “General Conditions of the Contract for Construction” to require mediation before proceeding... Read More

Bates Carey Commentary: Construction Defect Coverage Summary 2013: The Business Risks Shift To Insurers
Posted on 4 Dec 2013 by LexisNexis Legal Newsroom Staff

By John Husmann and Adam Fleischer [Editor's Note: John Husmann and Adam Fleischer are partners of the law firm Bates Carey Nicolaides in Chicago. Any commentary or opinions do not reflect the opinions of Bates Carey Nicolaides. Copyright ©... Read More

Vandeventer Black LLP: Just Sign Here: Try To Get Contract Terms in Writing
Posted on 14 Aug 2014 by Vandeventer Black LLP

By James W. Walker Have you ever performed work for a client without getting the client’s signature on a contract? If a problem later surfaced, could you enforce its terms? In many states, the answer is a resounding …maybe. Signed contracts... Read More

Expert To Jury: Insurer Was Correct In Relying On Earth Movement Exclusion (Watch The Videos)
Posted on 12 Feb 2015 by Shawn Rice

RENO, Nev. — (Mealey’s) An insurer on Feb. 11 provided expert testimony to a jury in the Washoe County, Nevada, Second Judicial District Court that an earth movement exclusion was properly applied to disclaim insurance coverage ( Elizabeth... Read More

Babst Calland: Pa. Superior Court Holds ‘Express’ Misrepresentations are not Required in Bilt-Rite Pleadings
Posted on 8 Sep 2015 by Babst Calland

By Esther S. Mignanelli, Esq. The Pennsylvania Superior Court recently held that a negligent misrepresentation claim may be based on an architect’s faulty design, even absent allegations of an express misrepresentation by the architect. Gongloff... Read More

DLA Piper: Zachry v. Port of Houston Authority: Texas Supreme Court Rules for Contractor Despite No-Damages-for-Delay Clause
Posted on 23 Sep 2014 by DLA Piper

By Ileana M. Blanco , Cristopher Farrar and Cara Vasquez The Texas Supreme Court has issued a decision that could have a huge impact on the construction industry in Texas involving several high-profile issues the industry has passionately debated for... Read More

Steptoe & Johnson PLLC: Subcontractors Beware - Ohio Supreme Court Upholds ‘Pay-If-Paid’ Provisions
Posted on 23 Sep 2014 by Steptoe & Johnson PLLC

By Eric J. Hulett and Matthew A. Brandt The Ohio Supreme Court recently changed the landscape in construction law when it held that a payment provision in a subcontract which included the term “condition precedent” was sufficient to transfer... Read More

Vandeventer Black LLP: U.S. Supreme Court Establishes Enforceability Of Forum-Selection Clauses
Posted on 21 Feb 2014 by Vandeventer Black LLP

By James Rixey In a recent decision, the U.S. Supreme Court established that contractual forum-selection clauses deserve near absolute deference and should be enforced in all but the most exceptional cases when deciding transfer of venue under 28 U... Read More

Restoring the Lead Paint RRP Opt-Out - How Does it Affect You?
Posted on 21 Jun 2012 by Christopher G. Hill

We've discussed the Lead Paint RRP requirements in the past here at Construction Law Musings. Since its passage almost a year ago, there has been a lot of debate about its necessity and cost. While this debate is interesting, I recommend a Google... Read More

Construction Law Conferences Feature Judges and In-House Counsel, HB Announces
Posted on 15 Feb 2012 by HB Litigation Conferences

BERWYN , Pa. - Legal issues facing the construction industry will be addressed at two programs - one on litigation and the other on broader industry concerns - both featuring judges, in-house counsel and leading construction law attorneys, HB CEO Tom... Read More

Jason Korn Gets Board Certified In Construction Law
Posted on 26 Oct 2010 by LexisNexis Litigation Resource Community Staff

PITTSBURGH - Cohen & Grigsby, a business law firm with headquarters in Pittsburgh and an office in Bonita Springs, Fla., has announced that Bonita Springs-based attorney Jason Korn has recently achieved board certification in construction law. ... Read More

6-Partner 15-Member Howrey Construction Team Joins Pillsbury
Posted on 15 Apr 2011 by LexisNexis Litigation Resource Community Staff

NEW YORK - A construction litigation team of six partners, two counsel and seven associates will be joining Pillsbury in its Los Angeles, San Francisco, Washington, D.C., and New York offices. The team, all of whom hail from Howrey, are a marquee group... Read More