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Practice Area: Construction

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

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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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Idaho Supreme Court Rules That Statute Of Limitations Began To Run When Landslide Damaged Lot, Rather Than When Damage To Home Later Manifested

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In 2014, Amy and William Dempsey purchased a vacant lot in a subdivision. The Dempseys hired an architect to design a home, who then contracted with Briggs Engineering to prepare plans for site grading, drainage, and erosion control. In 2015, the Dempseys entered into a contract with BrunoBuilt, Inc. to build the home, which called…
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Texas Court Affords Immunity To Construction Company For Personal Injury Suit Arising From Completed Work Compliant With State Agency’s Contract

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In A.S. Horner, Inc. v. Navarrette, 656 S.W.3d 717, 719 (Tx. App. 2022), a Texas Court of Appeals found a road contractor was entitled to statutory immunity for a personal injury suit after the completion of the project, as it built the road in compliance with the Texas Department of Transportation’s (“TxDOT”) design.  In an…
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Appeals Court Of Massachusetts Applies Statute Of Repose To Dismiss Counts For Negligence, Breach Of Contract, And Indemnification Because Negligence Was At Issue In Each Count

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In Univ. of Massachusetts Bldg. Auth. v. Adams Plumbing & Heating, Inc., 102 Mass. App. Ct. 1107 (2023), the Appeals Court of Massachusetts upheld the dismissal of the Plaintiffs’ claims because negligence was at issue in each count and thus barred by the Massachusetts’ statute of repose. In 2013, the University of Massachusetts Building Authority…
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Supreme Court Of Texas Applies Arbitration Clause In Purchase Agreement Against Non-Signatory Minor Children Under Direct Benefit Estoppel Theory

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In Taylor Morrison of Texas, Inc. v. Skufca as Next Friend of KSX, the Supreme Court of Texas determined minor children who join their parents as plaintiffs in breach of contract claims based on construction defects in the home they resided in may be subject to arbitration clauses within the applicable purchase agreement based on…
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Court Of Appeals Of North Carolina Permits Waterproofing Subcontractor To Pursue Some Third-Party Claims Against Fellow Subcontractors

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In Ascot Corporation, LLC v. I&R Waterproofing, Inc., the Court of Appeals of North Carolina recently held that a subcontractor responsible for waterproofing could properly pursue the manufacturer of the waterproofing system for breach of the implied warranty of merchantability, but not for breach of express warranty, contribution, or negligence-based indemnity. Additionally, the Court held…
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Indiana Court Of Appeals Affirms Partial Summary Judgment For General Contractor Sued By Subcontractor Employee To Whom The General Contractor Owed No Contractual Duty

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In Tinsley-Williamson ex rel. Tinsley v. A.R. Mays Construction, Inc., 195 N.E.3d 891 (Ind. Ct. App. 2022), the Court of Appeals of Indiana affirmed partial summary judgment in favor of A.R. Mays Construction, Inc. (“A.R. Mays”), a general contractor, on the ground that neither it nor any of its subcontractors had contracted with the company…
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Tennessee Court Of Appeals Upholds Judgment Holding That A Contract With A Target Completion Date And Start Immediately Language Contained An Implied Time Is Of The Essence Term

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In Franks v. Bilbrey, the Tennessee Court of Appeals held that a construction contract containing a target construction completion date and the phrase “start immediately” contained an implied “time is of the essence” term, which the contractor breached by delaying completion well beyond the target completion date. No. M2021-00766-COA-R3-CV, 2022 WL 4588871, at *1 (Tenn….
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Florida District Court Of Appeals Reverses Grant Of Summary Judgment To Developer That Challenged Development Density Ordinance Under Statutory Inordinate Burden Standard

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In a ruling on an interlocutory appeal, the Florida District Court of Appeal for the Fifth District recently reversed a summary judgment in favor of Waters Mark Development Enterprises, LC (“WMDE”) against Brevard County (“the County”) because  WMDE had not proven that the County’s residential development density standard constituted an inordinate burden on WMDE’s use…
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