November 2012

We have previously discussed Hawaii's Group Builders decision; one that has had major implications in the construction industry because of its decreed limitations on the scope of coverage afforded by a standard commercial general liability insurance policy, and holding that construction defects are not "occurrences" under same and therefore not covered by insurance. 

This matter…

KHON reports the feds have approved funding of 1.55 billion dollars of funding for the rail project, monies previously held up by pending litigation and an uncertain political election.  With the president, senate, and mayor seats all still held by rail proponents, Senator Inouye's office announced a major step along the way to funding of the job:

"This is an important…

Just read  a new case that addressed an AIA provisionn that is often litigated:  notice of claim provisions.  The case is Rcr Bldg. Corp. v. Pinnacle Hospitality, 2012 Tenn. App. LEXIS 787  and the text is available here https://www.lexis.com/research/retrieve?_m=ff96c8490a81e58211c2aa7eacda17bf&csvc=le&cform=byCitation&_fmtstr=FULL&docnum=1&_startdoc=1&wchp=dGLzVzk-zSkAb&_md5=09fecd23fe6d25ce38cd94a57ecc8cd3  (subscription required).

Standard AIA general conditions require that parties provide notice of claims (defined as…

The Port of Houston Authority of Harris County, Texas v. Zachry Construction Corp. 377 S.W.3d 841 (Tex. App. 2012), involved a no damages for delay cause that was particularly strict.  As a result of its contents, the Texas Court of Appeals reversed in its entirety a  judgment in the amount of $23 million dollars, and awarded…

The decision will be dissected shortly.  For now, the Court granted summary judgment to Plaintiff in part, and to Defendant on its Cross-Motions on all others.  The dispute is not over, however, because the Court invited briefing on injunctive relief.