In Dykema v. Del Webb Communities, Inc., No. 69335, 2016 WL 7626184 (Nev. Dec. 29, 2016), the Nevada Supreme Court clarified when a notice of completion is “issued” under NRS 11.2055(1)(b), which establishes the date of substantial completion for statute of repose purposes. The Court determined a notice is “issued” when it is recorded, not…
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In Sierra Pacific Industries v. Bradbury, 2016 WL 4699116 (Colo. App. September 8, 2016), the Colorado Court of Civil Appeals, Division I, upheld the district court’s entry of summary judgement in favor of a subcontractor on an indemnification claim for damages, costs and expenses related to an underlying construction defect claim brought by the condominium association…
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In Centerpoint Builders GP, LLC v. Trussway, Ltd., 2016 WL 3413329 (Tex. 2016), the Texas Supreme Court held the general contractor, Centerpoint Builders, LLC (“Centerpoint”), was not a “seller” under the Texas Products Liability Act and could not obtain indemnity from the manufacturer of the defective product even though Centerpoint had not altered the product…
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In Dallas/Fort Worth International Airport Board v. INET Airport Systems, Incorp., et al., 2016 WL 1445205 (5th Cir. April 12, 2016), the Fifth Circuit Court of Appeals reversed a trial court’s $1.29 million judgment in favor of the contractor and against the owner. The Fifth Circuit determined genuine issues of fact remained regarding whether the owner first…
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