News & Insights

Practice Area: Construction

PENNSYLVANIA APPELLATE COURT AFFIRMS SUMMARY JUDGMENT AGAINST HOMEOWNER FINDING THAT STATUTE OF REPOSE BARRED CLAIMS FOR NEGLIGENCE AND UNLAWFUL ACTS AGAINST CONTRACTOR

In Johnson v. Toll Bros., Inc., two homeowners sued a construction contractor alleging that it had negligently constructed their house in such a manner that allowed significant water intrusion resulting in continuous damage for a period of at least five years up until the time they filed suit. 2023 PA Super 169, 302 A.3d 1231…
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SIXTH CIRCUIT COURT OF APPEALS AFFIRMS SUMMARY JUDGMENT ON THIRD-PARTY INDEMNITY CLAIM FINDING TENNESSEE STATUTE OF REPOSE FOR DEFECTS IN IMPROVEMENTS TO REAL ESTATE APPLICABLE TO CONTRACTUAL INDEMNITY CLAIMS

In Hinman v. ValleyCrest Landscaping Dev., Inc., the Sixth Circuit Court of Appeals affirmed the United States District Court, for the Middle District of Tennessee, Nashville Division’s grant of summary judgment to a Third-Party Defendant based on the statute of repose. 89 F.4th 572, 573 (6th Cir. 2024). The underlying claim stemmed from alleged faulty…
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New York Appellate Court Denies Summary Judgment Motion Against Owner General Contractor Because Owner General Contractor’s Defendant’s Evidence Created An Issue Of Fact

In Rivas v. Purvis Holdings, LLC, the owner/general contractor of a 28-story building project was sued by an employee of a masonry contractor in an attempt to recover damages for injuries suffered at the construction site. 2023 WL 8440738. The trial court denied the plaintiff’s motion for summary judgment on the cause of action alleging…
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Tennessee Supreme Court Rules The Economic Loss Doctrine Does Not Bar Fraud Claim By Subcontract Against A General Contractor

In Commercial Painting Co. Inc. v. Weitz Co. LLC, the Supreme Court of Tennessee ruled the economic loss doctrine does not extend to fraud related to construction contract disputes.  The case arose from a contract dispute between a general contractor, The Weitz Company, LLC (“Weitz”), and its subcontractor, Commercial Painting Company, Inc. (“Commercial”). In 2004,…
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South Carolina Court Rules That A Contractor Sued By Purchaser Was Limited To Equitable Indemnity Claim Against Architect For Its Incurred Expenses

In BEI-Beach, LLC v. Christman, a contractor was sued by the purchaser of a development for construction defects and a South Carolina appellate court held that the contractor was limited to an equitable indemnity claim against the project architect to recover damages for design defects that caused the contractor to incur expenses resulting from having…
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The Supreme Court Of New York Affirms Summary Judgement Against An Owner, General Contractor, And Developer Based On Violation Of New York Labor Laws

In Koba Mushkudiani v. Racanelli Construction Group, Inc., et al., an Appellate Division of the New York Supreme Court (“the Court”) affirmed summary judgment against the owner, general contractor, and developer of a construction project for violation of multiple New York Labor Laws. 2023 WL 5064219. Koba Mushkudiani (“Plaintiff”) was working on a construction site…
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Appeals Court Of Pennsylvania Affirms Judgment Against Builder After Holding Statute Of Limitations Defense Was Waived Due To A Lack Of Specificity In Pleading

In Borel Builders, Inc. v. Burke, 292 A.3d 1117 (Pa. Super. Ct. 2023), the Superior Court of Pennsylvania upheld a judgment against a home builder and determined it waived its statute of limitation defense because it failed to plead sufficient facts to support the defense. In May 2012, Brian and Pamela Burke (“the Burkes”) contracted…
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Pennsylvania Supreme Court Refuses To Adopt Interpretation Of Section 385 Of Restatement (Second) Of Torts That Limits Liability Of Contractors To Third Parties To Latent Defects

In Brown v. City of Oil City, 2023 WL 3471043 (Pa. May 16, 2023), the Supreme Court of Pennsylvania held that an out-of-possession contractor that has created a dangerous condition through work performed for a possessor of land who has accepted the contractor’s work may be liable to all persons suffering injuries caused by the…
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