In Retreat at Charleston Nat’l Country Club Home Owners Ass’n, Inc. v. Winston Carlyle Charleston Nat’l, LLC, 2025 WL 466562 (S.C. Ct. App. Feb. 12, 2025) the South Carolina Court of Appeals issued an opinion clarifying what is required for an indemnity agreement between a contractor and its subcontractors to be enforceable. The case involved…
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In Babin Builders and Development, Inc. v. Quinones, Babin Builders and Development, Inc. (“Babin”) appealed an order denying its motion for attorney’s fees against Appellee/Third-Party Defendant, A&T Stucco, LLC (“A&T”). Babin Builders & Dev., Inc. v. Quinones, No. 1D2022-4103, 2025 WL 467070, at *1 (Fla. Dist. Ct. App. Feb. 12, 2025). Babin, who served as…
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In Canner v. Governors Ridge Ass’n, Inc., unit owners sued a condominium association alleging that the foundations supporting their respective units were sinking as a result of improper design. 311 A.3d 173 (Conn. 2024). The two counts of the complaint alleged (1) the foundations were constructed under the units negligently and (2) the condo association…
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In Moyer v. Doug Lasher Construction, Inc., 560 P.3d 1114, 1116 (2024), the Idaho Supreme Court issued an opinion that clarifies several critical issues in construction law and the application of the statute of limitations on summary judgment. Plaintiff Moyer (“Moyer”) entered into an agreement with Defendant Doug Lasher Construction (“Lasher”) for the construction of…
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In Bandklayder Development, LLC v. Sabga, Plaintiffs Joseph and Dunia Sabga (“Plaintiffs”) brought an action alleging breach of contract, violation of the Florida Building Code, and breach of implied warranty of fitness against residential developer, Bandklayder Development, LLC (“Defendant”). Bandklayder Dev., LLC v. Sabga, No. 3D23-1906, 2025 WL 15275, at *1 (Fla. 3d DCA Jan….
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In Osborne v. Drees Homes of Fla., Inc., a home builder deeded a built home to original buyers by a warranty deed in December 2012. No. 5D2023-2978, 2024 WL 4575415 (Fla. 5th DCA Oct. 25, 2024). In addition to the deed, the Parties entered into a purchase and sale agreement that contained a limited warranty…
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In Wood v. MAK Investment Properties, LLC, the Court of Appeals of Ohio affirmed the lower court’s grant of summary judgment for a construction company on claims brought by homeowners, finding privity of contract was necessary to maintain a negligence action against a subcontractor for remodeling work. 2024 WL 4164066. Plaintiffs Jason Wood and Charlene…
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In Iberdrola Energy Projects v. Oaktree Capital Management L.P., 2024 WL 3363321 (N.Y. App. Div. July 11, 2024), a New York appellate court held that a nonrecourse provision in a construction contract entered into by sophisticated parties barred tort claims against the alleged breaching party. Defendants Oaktree Capital Management L.P. (“Defendants”) created a special-purpose entity,…
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In Lithko Contracting, LLC v. XL Insurance America, Inc., the Supreme Court of Maryland held that petitioners, four subcontractors who were involved in the construction of a warehouse (the “Project”), were not covered by a project wide waiver of subrogation merely because there was a general contract that required that the contractual subrogation waiver be…
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In Markel American Insurance Company v. MT Group, LLC, et al., the United States District Court for the Eastern District of New York held that a suit brought within the time permitted under the state statute of limitations was untimely filed based on a contractual provision that shortened the time limits for filing suit. 2024…
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