Welcome to the October 2013 edition of the Construction Law Update, an e-publication that features articles authored by the attorneys in Barnes & Thornburg LLP's Construction Law practice group. To read an article from this month's edition of the Construction Law Update e-newsletter, click on any one of the hyperlinks in the article titles below.
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High Standard for Ohio Workplace Torts Reaffirmed in Construction Death
Companies engaged in the construction industry in Ohio are likely aware that employees injured in the workplace have the potential for a greater recovery than in most jurisdictions. Of course, injured workers are able to claim benefits under Ohio’s workers’ compensation system. However, unlike many states, Ohio has a “workplace intentional tort” claim that creates the possibility of damages in a tort action. This article delves into the specifics of a recent court of appeals decision from Ohio that has narrowed the scope of such a claim.
Seventh Circuit Court of Appeals Enforces a Negotiated Limitation of Liability Provision Consistent With Indiana Law
By Timothy J. Abeska
Indiana courts recognize and uphold the freedom of parties to negotiate contracts and allocate risks between them. This article follows the recent decision from Seventh Circuit that rejected a project owner’s attempt to expand a limitation of liability provision beyond its stated terms, underscoring the need to evaluate potential risks when negotiating construction contracts.
Georgia’s Tort Apportionment Statute Does Not Abolish Contribution Claims by Contractor against Architect
By Scott R. Murphy
In Zurich American Insurance Company, et al. v. Heard et al., the Georgia Court of Appeals considered whether claims for contribution between a contractor and architect who have settled with the owner still exist following the enactment of Georgia’s apportionment statute. Read more about what the Court relied upon in making its decision.
Shift in Minnesota’s Law on Indemnification in Construction Contracts
A significant overhaul of the Minnesota statute governing indemnification and risk-shifting in construction contracts went into effect recently. Generally, the amendment eliminates a long-standing exception to a prohibition against risk-shifting in the construction context. However, some language in the statute leaves lingering doubt regarding the ultimate impact of the amendment. Read more about the changes.
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Even simple construction projects can involve complex legal issues or claims. Property owners, real estate developers, contractors and others involved with construction projects often need sophisticated legal counsel who know construction. Comprised of attorneys from our offices in Atlanta, Chicago, Indiana, Los Angeles, Michigan, Minneapolis, Ohio, and Washington, D.C, the Construction Law Practice Group at Barnes & Thornburg LLP provides legal support for clients that are embarking on, or have issues related to virtually any kind of real estate development or construction project.
For more information about the group, contact Clifford J. Shapiro, Chair of the Construction Law Practice Group, or any of the group attorneys in the following offices: Atlanta (404-846-1693), Chicago (312-357-1313), Columbus (614-628-0096), Elkhart (574-293-0681), Fort Wayne (260-423-9440), Grand Rapids (616-742-3930), Indianapolis (317-236-1313), Los Angeles (310-284-3880), Minneapolis (612-333-2111), South Bend (574-233-1171), Washington, D.C. (202-289-1313).
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This Barnes & Thornburg LLP publication should not be construed as legal advice or legal opinion on any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own lawyer on any specific legal questions you may have concerning your situation.
