Blog
Constructlaw®
By Troutman Pepper Locke Visit the blog
624 published works
Constructlaw®
North Carolina Federal District Court Dismisses Tort Claims Based on Same Duty and Breach Alleged in Plaintiff’s Contract Claims
Precision Hydraulic Cylinders, Inc. v. Manufacturing. Technology, Inc., No. 7:18-CV-203-FL, 2019 BL 344743, 2019 U.S. Dist. LEXIS 156670 (E.D.N.C. Sept. 13, 2019) Precision Hydraulic Cylinders, Inc. (“Precision”) issued a series…
Constructlaw®
International Arbitration and the Construction Industry: An Introduction to the Field of International Arbitration on October 11, 2019
By Albert Bates, Zach Torres-Fowler
Over the past decade, international arbitration has played an increasingly prominent role in the construction industry. As contractors and owners pursue greater opportunities outside their domestic jurisdictions, international arbitration has…
Constructlaw®
Courts Decline to Impose Liability on Subcontractor Where Contractor Could Not Prove Subcontractor’s Exclusive Control on Shared Project Site
United Illuminating Company v. Whiting-Turner Contracting Co. v. Cherry Hill Construction Co., Inc., et al. v. GEI Consultants, Inc., et al., 3:18-cv-00327-WWE (D. Conn. 2019) In 2010 The United Illuminating…
Constructlaw®
New York Appellate Court Affirms Decision to Deny Motion to Compel Arbitration in Multi-Billion Dollar Construction Dispute
By Zach Torres-Fowler, Ryan Deroo
BML Properties Ltd. v. China Construction America Inc., et al., 101 N.Y.S. 3d 597 (N.Y. App. Div. 2019) On July 2, 2019, a New York appellate court upheld a lower…
Constructlaw®
New Conventions, New Problems?: A Pair of Recently Announced International Conventions Aim to Replicate the Success of the New York Convention
As many owners and contractors involved in the international construction industry are aware, international arbitration is a popular dispute resolution device for international construction disputes because, in part, international arbitration…
Constructlaw®
Florida Court of Appeals Permits Successor-In-Interest to Pursue Claims Originally Thought to Be Barred by Settlement Agreement
MBlock Investors, LLC v. Bovis Lend Lease, Inc., etc., et al., 44 Fla. L. Weekly d1432 (3d DCA 2019) A Florida Appellate Court recently reversed a trial court’s decision granting…
Constructlaw®
Federal Court Finds That Ambiguous Limitation-of-Liability Clause Did Not Clearly Restrict Owner’s Claims
DAK Americas Mississippi, Inc. v. Jedson Engineering, Inc. et al, No. 1:18cv31-HSO-JCG, 2019 BL 208838 (S.D. Miss. June 6, 2019) This dispute arose out of the design and construction of…
Constructlaw®
Pennsylvania’s Exception to the Economic Loss Doctrine Appears Alive and Well: Appellate Court Permits Contractor to Pursue Negligent Misrepresentation Claim Against Design Professional
Popple Construction, Inc. v. Reilly Associates, Inc. No. 775-MDA-2017, 2019 BL 213236 (Pa. Sup. Ct., June 10, 2019). On June 10, 2019, the Superior Court of Pennsylvania affirmed a lower…
Constructlaw®
Pennsylvania Appellate Court Affirms Homeowner’s Recovery Against Developer on Tort Claims, Despite Contract and Challenges Based on Gist of the Action Doctrine, Economic Loss Rule, and Statute of Limitations
By John Gazzola
Dolan v. Hurd Millwork Co., No. 2951 EDA 2015, 2019 BL 229344 (Pa. Super. Ct. June 21, 2019) This cases arises out of defective windows installed in a residential construction…
Constructlaw®
Georgia Court of Appeals Affirms Superior Court’s Confirmation of Arbitration Award, Finding That Arbitrator Did Not Manifestly Disregard Law Governing the “Modified Total Cost” Approach to Damages
Gainesville Mech., Inc. v. Air Data, Inc., No. A19A0518., 2019 BL 229069 (Ga. Ct. App. June 19, 2019) The First Division of the Georgia Court of Appeals affirmed a superior…