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Constructlaw®
GA Court of Appeals Enforces Contract Clause, Excluding Liability for Incidental Damages Where Specific Performance Is Ordered
DonRob Invs., L. P. v. 360 Residential, LLC, 870 S.E.2d 874 (Ga. Ct. App. 2022) This case arose from a failed real estate transaction. DonRob Investments LP and Donald Robinson…
Constructlaw®
Welcome to the Party Tex — The Spearin Doctrine Finally Adopted in Texas
By Ben Deninger, David Mancini
True to form, Texas has joined the majority in adopting the Spearin concept in its own way. The new law is thoughtfully designed for modern alternative and hybrid project delivery…
Constructlaw®
CA Court of Appeal Affirms Bar on Recovery of Licensed General Contractor for Work Performed by Its Unlicensed Subcontractor
By Cindy Lee
Most are familiar with California's harsh penalty for unlicensed contractor work. California Business and Professions Code Section 7031 (Section 7031) bars any recovery for compensation for work performed by an…
Constructlaw®
Texas Court of Appeals Enforces Arbitration Agreement Provision Delegating Issues of Arbitrability to Arbitrator
Taylor Morrison of Tex. Inc. v. Caballero, No. 01-20-00800-CV, 2022 Tex. App. LEXIS 1870, 2022 WL 839429 (Mar. 22, 2022) Gary and Kelley Caballero contracted to purchase a new home…
Constructlaw®
Fraud as an Exception to the Economic Loss Doctrine: Changing Trends in Colorado and Tennessee
The Economic Loss Doctrine and its various analogues (e.g., the Independent Duty Rule and the Gist of the Action Doctrine) vary in form and application, but each is a judge-made…
Constructlaw®
Pennsylvania Appellate Court Affirms Dismissal of In-State Subcontractor’s Suit Against Out-of-State General Contractor for Lack of Jurisdiction, Despite “Long-Term and Ongoing Contractual Relationships”
By John Gazzola
Bean Sprouts LLC v. LifeCycle Construction Servs. LLC, No. 001268-CV-2021 (Pa. Super. Feb. 17, 2022) The Superior Court of Pennsylvania recently raised the bar for state courts to assert jurisdiction…
Constructlaw®
Law360 Recognizes Troutman Pepper Practices as 2021 Practice Groups of the Year
Construction and Energy Practices Honored With National Awards Law360 has named two Troutman Pepper practices among its Practice Groups of the Year for 2021. The firm achieved the national recognition for both…
Constructlaw®
Arbitration Update – The 2021 ICDR Arbitration Rules: A Welcome Update for International Construction Arbitration
By Albert Bates, Zach Torres-Fowler, Hailey Barnett
Originally published on International Bar Association. Republished here with permission. On 1 March 2021, the International Centre for Dispute Resolution (ICDR), the international division of the American Arbitration Association (AAA)…
Constructlaw®
COVID-19 and Remobilization: Returning to the Construction Site Without Mandated COVID-19 Restrictions
This article summarizes the current landscape in Pennsylvania and California as COVID-19 restrictions are lifted, and highlights important considerations for employers in the construction industry in relation to vaccines and…
Constructlaw®
Servotronics, Inc. v. Rolls-Royce PLC: What the U.S. Supreme Court’s Upcoming Decision on 28 U.S.C § 1782 Means for International Construction Arbitration
By Hailey Barnett, Zach Torres-Fowler
This article was originally published in The Dispute Resolver. It is republished here with permission. On March 22, 2021, the U.S. Supreme Court announced that it would consider the hotly…