Binding Arbitration Mandated by the Roof Shingles Wrapper

A homeowners’ class action lawsuit against a roofing-shingle manufacturer was subject to mandatory arbitration because the homeowners, through their roofers, had opened and used the shingles that were contained in wrappers that on their face clearly stated...

Construction Manager Not Liable for Defective Work by Contractor

Professional Construction Manager is not a guarantor of work performed by a construction contractor who is under separate contract to the project owner even though it agreed to “make sure the construction work is performed properly.” The owner was entitled to recover...

Architect Not Liable for Implied Warranty of Habitability

Problems developed at a condominium complex several years after construction because air and water infiltration was damaging interior flooring and finishes. The condominium association filed suit against a number of the parties involved in the design and construction...

No Excuse for a Bad Contract

I am sometimes asked during my risk management seminars if a party to a contract can safely sign an onerous contract with harsh indemnification clauses or other clauses that create excessive liability for an “innocent” party and then avoid the consequences...

Economic loss doctrine bars owner’s claim against subcontractor

A court dismissed a project owner’s suit against the manufacturer of flooring materials that were used in the building because there was no privity of contract between the owner and he manufacturer. The manufacturer was a subcontractor to the flooring contractor...