THE DISPUTE RESOLVER

Articles on Construction Litigation & Dispute Resolution by Division 1 of the ABA Forum on Construction Law

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Friday, September 22, 2017

MA Court Overturns Quantum Meruit Award Due to Contractor Not Strictly Complying with Plans and Specifications

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The Plaintiff in Pinecone Construction, Inc. v. Kamala Sridhar & another was a residential builder who contracted with the husband a...
Wednesday, September 6, 2017

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The Dispute Resolver is pleased to introduce its newest regular contributor, I’Ashea Myles-Dihigo of the Leitner, Williams, Dooley & Na...
Friday, August 25, 2017

Contractor's "Speech" SLAPP-ed in Massachusetts?

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http://www.cohassetma.org Recently, the First Circuit faced an interesting issue concerning contractor "speech."  In fact, th...
Friday, August 18, 2017

Appeals Court of Massachusetts: The Statute of Repose for a Designer Standard of Care Claim Did Not Start Running with the Issuance of a TCO

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In 2002, Defendant Carter-Burgess (Carter) entered into an “Architectural/Engineering Services Agreement” with the developer of a propo...
Friday, August 4, 2017

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Thanks to Mary Jay Torres-Martin from Trauner Consulting Services, Inc. for being a friend of Division 1 and providing this blog post by h...
Thursday, August 3, 2017

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The King’s Time Is Up: Arizona Supreme Court Holds That the Statute of Repose Bars Untimely Claims by State Entities and Overrides the Doct...
Saturday, July 22, 2017

Dispute Avoidance for Green Projects (Redux)

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Taiwan's World Games Stadium, http://inhabitat.com/taiwans-solar-stadium-100-powered-by-the-sun/ By now you likely have heard tha...
Saturday, July 8, 2017

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Supreme Court of Wisconsin Holds That Private Subcontractor Is Immune to Property Damage Claims by Adjoining Landowners Because it Followe...

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Owners Beware: Washington Appellate Court Holds Playing ‘Gotcha’ With Project Submittal Review Could Breach the Duty of Good Faith and Fair...
Friday, June 23, 2017

Construction Vignette on Personal Jurisdiction

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Recently the United States District Court for the District of Rhode Island offered a concise refresher on personal jurisdiction through t...
Sunday, June 18, 2017

Illinois Court Rejects Subcontractor’s Quantum Meruit Claim for Extra Work due to the Existence of a Valid Subcontract

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Archon Construction Co. v. U.S. Shelter centers on a dispute for the replacement of defective sewer pipe for a new subdivision in the Ci...
Thursday, June 8, 2017

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Federal Court in Alaska Holds Insurer Liable Under E&O Policy to Indemnify and Defend Construction Manager for Claims by Subcontractor ...
Friday, June 2, 2017

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Construction Liens Filed by Suppliers in New Jersey After Contractor’s Filing of Bankruptcy Petition Are Barred by the Automatic Stay Provi...
Friday, May 19, 2017

Owner's Acceptance of Work Paves Way for Contractor's No Fault Decision

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In the matter captioned Wilson v. Dura-Seal, --S.W.3d (March 21, 2017) , the Missouri Court of Appeals considered "negligent construc...
Saturday, May 13, 2017

Massachusetts Appeals Court: GC’s Non-Payment for a Scope Dispute with Subcontractor is a Willful Act, but not an Intentional One

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The plaintiff in D.A. Sullivan & Sons, Inc.V. City of Springfield was a general contractor who contracted with the defendant for a p...
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