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Two insurances do not cover water damage – recourse pursuant to Book 7, Section 961 of the Dutch Civil Code unsuccessful

Two insurances do not cover water damage – recourse pursuant to Book 7, Section 961 of the Dutch Civil Code unsuccessful

Water damage at the Erasmus Medical Centre, which occurred after the 2004 refurbishment, was only covered under buildings insurance and not under CAR insurance because the contract documents did not include a maintenance obligation for the main contractor. What was agreed in the dealings between the main contractor and the ... Read More »

Subcontractor permitted to pursue action for negligent misrepresentation against architect-engineer

Subcontractor permitted to pursue action for negligent misrepresentation against architect-engineer

Clarifying Pennsylvania law on negligent misrepresentation claims against design professionals, the Superior Court reversed and remanded a grant of judgment on the pleadings in favor of an architect-engineer entered by the Allegheny County Court of Common Pleas. In Gongloff Contracting, L.L.C. v. L. Robert Kimball & Assoc., No. 785 WDA ... Read More »

Don’t muck up your case by failing to gather and present the right evidence

Don’t muck up your case by failing to gather and present the right evidence

On May 22, 2015, a Florida appellate court issued an opinion, which highlights the importance of gathering and presenting sufficient evidence to support claims, especially when bringing a claim for misrepresentation concerning a seller’s failure to disclose hidden defects in the sale of development property. Eiman v. Sullivan, 2015 WL ... Read More »

Federal Design-Build Bidding Reform: DOD Caps Design-Build “Short Lists”

Federal Design-Build Bidding Reform: DOD Caps Design-Build “Short Lists”

Did you know that bidders on federal design-build contracts spend, on average, roughly $260,000 just to participate in the procurement process? Concerned that the high price of admission is dissuading qualified contractors from bidding, legislators recently enacted several reforms intended to make the bidding process more efficient. Among them is ... Read More »

Supreme Court reverses holding that implied warranty of habitability extends to subsequent purchasers

Supreme Court reverses holding that implied warranty of habitability extends to subsequent purchasers

In Conway v. Cutler Group, Inc., 57 A.3d 155 (Pa. Super 2012), the PennsylvaniaSuperior Court held for the first time that a subsequent buyer of a home, who has no contractual privity with the contractor, can nonetheless assert claims against the contractor for beach of the implied warranty of habitability. ... Read More »

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