Category: Construction Law

Originally posted on December 12, 2011 by Ryan Bd. of Managers of Park Regent Condo. v. Park Regent Assoc., No. 2009-04227, N.Y. Supr. Ct., App. Div., March 30, 2010. A condominium regime in New York was recently involved in litigation over the validity of an association member annual meeting. Several unit owners called the meeting and […]
Originally posted on December 12, 2011 by Ryan Breakwater Cove Condo. Ass’n v. Chin, No. A-1420-09T3, N.J. Super. Ct., App. Div., Dec. 2, 2010. A unit owner at Breakwater Cove kept two birds in her unit. The association informed her that she was in violation of the master deed and her birds were a nuisance to […]
Originally posted on December 12, 2011 by Ryan Ariyan v. Pine Orchard Ass’n, Inc., No. CV084034207S, Conn. Super. Ct., Dec. 3, 2010. The court in this case held that the Pine Orchard Association had the authority to enforce zoning regulations within the association.  Ariyan began constructing a gazebo on her lot, which is zoned with […]
Originally posted on December 12, 2011 by Ryan Jones v. Centex Homes, 189 Ohio App. 3d 668 (2010). The Joneses entered into a sales agreement with Centex Homes for the construction of a new home.  The agreement included a Limited Home Warranty provision covering defects in materials and workmanship.  The provision also contained a clause […]
Originally posted on December 12, 2011 by Ryan Hollis v. Stonington Dev. LLC, No. 4869, 2011 S.C. Ct. App. LEXIS 215 (Aug. 17, 2011). Two families sued a development company for damages to their jointly owned property.  The Plaintiffs’ land includes two man made ponds built by family members over 50 years ago.  Stonington purchased […]
Originally posted on July 22, 2011 by Ryan Sturm v. Harb Development, 298 Conn. 124, 2 A.3d 859 (2010). Members of limited liability companies may be surprised to know that they can be sued individually when they personally direct or participate in tortious conduct. This is not the same as piercing the corporate veil, and does not […]
Originally posted on July 22, 2011 by Ryan Cleveland Construction, Inc. v. Ellis-Don Construction, Inc., 2011 N.C. App. LEXIS 641 (April 5, 2011). The statute of limitations tolled on a subcontractor awaiting payment from a general contractor. Usually this would bar the sub’s claims, however, the court in this case held that the GC made […]
Originally posted on July 22, 2011 Weis Builders, Inc., 2010 ASBCA No. 56306, LEXIS 13 (Feb. 17, 2010). The U.S. Army Corps of Engineers awarded Weis Builders, Inc. a design/build contract for family housing at Minot AFB in North Dakota valued at $350 million.  The liquidated damages provision of the contract and both disputed task […]
Originally posted on July 22, 2011 by Ryan Sunland Constr. Co. v. Wilbur Smith, Inc.,  387 F. App’x 361 (4th Cir. 2010). In this recent Fourth Circuit case, a construction company sued the city of Myrtle Beach for breach of contract after the City terminated its contract to install rainwater pipes. The construction company also sued the […]
Originally posted on May 10, 2011 by Ryan As another sweltering South Carolina summer drags on, it is important for construction owners and employees to keep safety in mind. The Department of Labor started Heat Illness Campaign to inform workers on heat illness prevention. This on the job hazard injures and kills thousands of workers […]