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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 »

Pennsylvania Superior Court finds that oral contract supports claim under contractor subcontractor payment act and that “curbs” constitute “structures” and “improvements to real property”

Pennsylvania Superior Court finds that oral contract supports claim under contractor subcontractor payment act and that “curbs” constitute “structures” and “improvements to real property”

By opinion dated September 10, 2014, a three judge panel of the Pennsylvania Superior Court continued the trend of applying the Contractor and Subcontractor Payment Act in a broad fashion. In Prieto Corp. v. Gambone Constr. Co., No. 1538 EDA 2013 (Pa. Superior 2014), the Superior Court affirmed the Court ... Read More »

Reversionary leases

Reversionary leases

Some leases grant tenants security of tenure – an automatic right to renew, subject to certain statutory exceptions. When the lease doesn’t have security of tenure, but the parties agree the tenant can have a new lease at the expiry of the current lease, the new lease is a “reversionary ... Read More »

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Pennsylvania Supreme Court to review ability of subsequent buyer to claim breach of implied warranty against construction contractor

Pennsylvania Supreme Court to review ability of subsequent buyer to claim breach of implied warranty against construction contractor

In Conway v. Cutler Group, Inc., 57 A.3d 155 (Pa. Super 2012), the Pennsylvania Superior 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 ... Read More »

Public procurement: the Commission requests Italy to respect EU rules for public works contract

Public procurement: the Commission requests Italy to respect EU rules for public works contract

The European Commission (the “Commission”) has recently sent to the Republic of Italy a reasoned opinion requesting the member Country to correctly apply EU public procurement rules for the construction of new buildings for the judicial administration of Bari (“Cittadella della giustizia”), with an estimated value of € 350 million. Read More »

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