Developers, contractors welcome narrowing of construction defect claims

Many observers have long noticed the detrimental effects on commerce of excessive regulation. Developers and general contractors have seen this across much of the Mid-Atlantic where often well-meaning lawmakers have come up with regulations and statutes that often had the effect of depressing the creation of needed housing. It appears that lawmakers in Washington state … Read moreDevelopers, contractors welcome narrowing of construction defect claims

A case study in the importance of teamwork in construction defect defense

Readers in the District of Columbia Metropolitan Area undoubtedly know of the Silver Spring Transit Center, a construction project famous for wide-ranging, complicated disputes. The center’s owners (Montgomery County and the Washington Metropolitan Area Transit Authority) sued the designer, inspector and general contractor for more than $75 million for allegedly defective design and construction. Unsurprisingly, this … Read moreA case study in the importance of teamwork in construction defect defense

Construction defect defense: privity

It is not a word many of us use in everyday conversation: privity. But this legal term is important in discussions of contracts because there must be “privity” – a legally recognized interest in the same matter – for one party (a property owner) to sue another (a general contractor). In some situations, a property … Read moreConstruction defect defense: privity

State Supreme Court issues ‘victory for construction subcontractors’

For those in the construction industry wondering if the exponential growth in construction defect claims will continue unabated, there continues to be hopeful signs here and there that courts are looking at relevant statutes with new eyes. We read recently of such an example in a report about the Illinois Supreme Court overturning decades of … Read moreState Supreme Court issues ‘victory for construction subcontractors’

Maximizing efforts to minimize allegations

Virtually every company faces liability litigation at some point because no one can anticipate an unpredictable problem. But what if there were a technology available that would allow businesses to predict the unpredictable? Everyone in the construction and building management industries knows that small issues can escalate quickly into widespread problems. However, in some instances, … Read moreMaximizing efforts to minimize allegations

Part I: Construction defects case hinges on purchase agreement

We read recently of a construction law dispute that involves a developer, contractor and a general release. The case began back in 2005 when Variel Warner Ventures, LLC agreed to a construction contract with Verdugo Management & Investment, Inc. for improvements in an apartment complex. As part of the contract, Verdugo agreed to make good, … Read morePart I: Construction defects case hinges on purchase agreement

Part II: Construction defects case hinges on purchase agreement

In a previous blog post, we wrote about an interesting case involving a developer, contractor and a general release in a purchase agreement. A quick recap: a company referred to as Verdugo agreed to make improvements to an 85-unit apartment complex, but its work included construction defects in flashing and counterflashing that resulted in water leaks – … Read morePart II: Construction defects case hinges on purchase agreement

Anticipating Construction Industry Legal Issues for 2019

A new year is upon us, which means it is the perfect time to look back at what went right and wrong in 2018 and to look forward to what can be reasonably expected and planned for in 2019. A recent “Builder” magazine article helps readers anticipate legal issues likely to surface for those in … Read moreAnticipating Construction Industry Legal Issues for 2019

Placing blame is easy, finding fault is not

The legal basis for any civil lawsuit is the answer to the question of “who is at fault.” While that may certainly seem to be a simple question, it is in finding the answer where civil law has rightfully earned its reputation for complexity. A recent lawsuit filed against a casino in Oxon Hill, Maryland … Read morePlacing blame is easy, finding fault is not