Unreposed: No rest after six years in Massachusetts
5/13/25
In a pivotal decision for construction law in Massachusetts, the Supreme Judicial Court (SJC) recently addressed the application of the state’s statute of repose in Trustees of Boston University v. Clough, Harbour & Associates LLP. …
Artful pleading counterfeited by Texas Supreme Court’s adoption of anti-fracturing rule
4/24/25
By: Emaan Ali Bangash and Patrick T. Mulry
In its recent ruling that the anti-fracturing rule applies broadly to professional malpractice cases, the Texas Supreme Court has affirmed the bedrock principle that the law should not reward artful pleading. While …
3/25/25
By: Noël Couch, Joshua G. Ferguson, Kevin G. Kenneally, Mike J. Rigelsky and Kevin M. Ringel
Researchers at the University of Massachusetts Lowell (UMass Lowell) are conducting a new study to assess per- and poly-fluoroalkyl substances (PFAS) …
Ohio court addresses unforeseen circumstances provision in construction contract
2/18/25
By: Catherine A. Bednar, Doug Holthus, and Aaron N. Kaeser
In Mt. Pleasant Blacktopping Co., Inc. v. Inverness Group, Inc., 2025-Ohio-285 (1st Dist.), Inverness Group, Inc. (“Developer”) had retained Mt. Pleasant Blacktopping Co., Inc. (“Contractor”) for the …
1/2/25
By: Doug Holthus and Aaron N. Kaeser
In Hartford Fire Insurance Co. v. DeBra-Kuempel Inc., 2024-Ohio-5830, Ohio’s First Appellate District interpreted, and found enforceable, an insurance policy’s waiver of subrogation provision. Though a predictable outcome, the decision in DeBra-Kuempel …
New Jersey’s ongoing storm rule does not include duty to pretreat
11/14/24
The Superior Court of New Jersey Appellate Division, recently affirmed summary judgment in favor of the defense in a slip and fall case involving analysis of the ongoing storm rule. Plaintiff filed suit against multiple parties, …
Controlling a nuisance: Can design professionals be held liable for nuisance?
10/3/24
By: L. David McCollum and Zachary H. Waldrop
Design professionals are not typically named as defendants on nuisance claims arising out of construction projects. However, plaintiffs are increasingly attempting to bring nuisance claims against design professionals on the basis that …
Pennsylvania contractors protected by hills and ridges doctrine
9/30/24
The Superior Court of Pennsylvania affirmed summary judgment in favor of the defense in a slip and fall case involving “dangerous, icy” conditions. Plaintiff filed suit against multiple parties, including the property owner/landlord, the property manager, …
7/12/24
By: Catherine A. Bednar and Andrew M. Vandini
On June 17, 2024, in Bus. Interiors Floor Covering Bus. Tr. v. Graycor Constr. Co.,1 the Massachusetts Supreme Judicial Court answered an issue left undecided by Tocci Building Corp. v. …
In Illinois, commercial general liability policies may now cover construction defects
6/27/24
By: Kolton A. Reed and Kingshuk K. Roy
Background
The Illinois Supreme Court in Acuity v. M/I Homes of Chicago, LLC, 2023 IL 129087 overturned decades old precedent in holding that a subcontractor’s defective work that results in property damage …
General contractor responsible for payment, even when subcontractor is hacked
6/13/24
By: Matthew P. Delfino and Jason M. Pannu
As the quantity and complexity of cyber threats continues to increase across various industries, a recent case from the U.S. District Court in Maryland highlights some of the security risks particular to …
American Arbitration Association updates construction industry rules and mediation procedures
5/8/24
By: David A. Slocum
For the first time in nearly a decade, the American Arbitration Association (“AAA”) recently issued a revised version of the Construction Industry Rules and Mediation Procedures (the “Rules”) applicable to construction industry disputes proceeding before the …