In Holcomb Condo. Homeowners' Ass'n v. Venture, 2013 Nev. LEXIS 24 (April 14, 2013), available here, the court considered the effect of an arbitration agreement made part of the purchase agreements for the condominium. The arbitration agreement was attached to the purchase agreement, but stated that it was a part of and incorporated into
North Dakota Joins Jurisdictions Holding Inadvertent Construction Defects can Constitute an “Occurrence” and Trigger Coverage
I will leave this to Tred to expound upon at insurance law blog but wanted to note a new case from North Dakota, K & L Homes v. Am. Family Mut. Ins. Co., 2013 ND 57; 2013 N.D. LEXIS 61, April 5, 2013. Link to the case here. Briefly, court was asked to consider
Spoliation of Evidence case from Texas Court of Appeals
In Miner Dederick Constr. v. Gulf Chem. & Metallurgical Corp., 2013 Tex. App. LEXIS 4589 (April 11, 2013), the Texas Court of Appeals was asked to review a trial court's consideration and rejection of a spoliation claim brought by a defendant to a construction defect action. In the case the contractor defendant (Miner) was charged
Lump Sum Bids Based Upon Undefined Quantities: Who Bears the Risk?
On a summary judgment motion, a U.S.D.C. court out of South Dakota addressed the question of a subcontractor who contracted for undefined quantities of work on a lump sum basis, then performed over 50% more work than the parties originally contemplated. The case is United States ex rel. Black Hills Hydro-Turf, Inc…, 2012 U.S.
California Federal District Court Case Discusses Cumis Counsel Entitlement
In Travelers Prop. Cas. Co. of Am. v. Centex,, 2013 U.S. Dist. LEXIS 50460, April 8, 2013, a U.S.D.C. case out of California, a developer (Centex) involved in a multiple construction defect suits, filed claims against its insured, Travelers, for its failure to provide a timely defense to the claims. Centex and Travelers filed
World’s Largest Telescope Cleared for Construction atop Mauna Kea
Rendering of the ThirtyMeter Telescope from http://www.tmt.org/news-center/new-renderings-reveal-planned-design-tmt
California and Canadian university plans to construct the world's largest telescope, the thirty meter telescope, atop the summit of Mauna Kea, won approval from the Department of Land and Natural Resources on Friday. The decision allows the thirty meter telescope project to negotiate a sublease with the University
Ohio Ct. Appeals Addresses Design Liability and Measure of Damages for Construction Claims
In B&B Contrs. & Developers, Inc. v. Olsavsky Jaminet Architects, Inc., 984 N.E.2d 419 (Ohio Ct. App. 2012), available here, the Ohio Court of Appeals affirmed in part and reversed in part a verdict in favor of a contractor against its own architect. The contractor built an ice rink pursuant to a design build
Nationwide construction jobs report
Information regarding national construction jobs is discussed here. Bottom line: construction jobs are up nationwide. Alaska heads the list at 12% increase, Hawaii is second at 8%.
New Hawaii U.S.D.C. Insurance Case
This case will likely be dissected at Tred's Insurance Law Blog, but wanted to mention it quickly this a.m.
In Ass'n of Apt. Owners of Imperial Plaza v. Fireman's Fund Ins. Co., Civ. No. 11-00758 ACK-KSC , LEXIS 50904, April 9, 2013, senior district court judge Alan Kay ruled on a summary judgment motion
On Bond Claim Time Limits
The Miller Act and most of the state bond statutes mirroring the Miller Act, impose a one year statute of limitations to file a bond claim from the last date labor or materials were supplied to a project. (There are other requirements, such as providing notice to the contractor and surety within 90 days after