Barnes & Thornburg LLP Construction Law Update - Spring 2015

Welcome to the Spring 2015 edition of the Construction Law Update, an e-publication that features articles authored by the attorneys in Barnes & Thornburg LLP's Construction practice group. 

Recent Michigan Cases Address Ambiguous Construction Plans and Unjust Enrichment Claims 
By Timothy J. Abeska 

Just recently, the Michigan Court of Appeals issued two decisions arising from construction contract disputes. Learn more about C.A. Hull Co., Inc. v. Dep’t of Transportation and Lawrence M. Clarke, Inc. v. Draeger and the importance of clearly defining contract terms.

California Expands Liability for Architects -- Duty of Care Owed to Third-Party Condo Buyers
By Scott R. Murphy

In Beacon Residential Community Association v. Skidmore, Owings & Merrill LLP, the California Supreme Court held that architectural firms owe a duty of care to future homeowners in the design of a residential condominium building. Read more about this case and the importance for architects to understand and define their role on a construction project.

Ohio Court Re-affirms Economic Loss Rule
By David J. Dirisamer

Why is it important for companies to secure written contracts with all parties before entering into a construction contract? If companies fail to do so, they can be left without recourse against a subcontractor whose error delays the project. Learn more about Federal Insurance Co., et. al. v. Fredricks, Inc., when an Ohio appellate court relied on this rule to hold that future tenants of an under-construction warehouse could not recover from a negligent subcontractor.

A Negative Trend for Insureds: Federal Courts Apply Different Standards Than State Courts When Determining Coverage
By James J. Leonard, Kara Cleary and Alex J. Barnstead

As federal and state courts diverge on insurance coverage issues, the choice of forum becomes extremely important to insurers and insureds alike. Read about Wellons Inc. v. Lexington Insurance Company to learn more about the federal court’s decision and how the divide between the state and federal courts approach continues to widen.

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