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Doug Hanson

The Punch List provides you with a review of current state and federal cases, as well as legislative and regulatory changes, affecting the construction industry. Some of the topics include contracts, classification of workers, construction bidding, independent contractors, negligence, construction defects, liens, insurance claims, and various other important topics in the industry.  Click on the subscription button below to customize your updates.
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Contractor pays suppliers despite defaulted loans

Thursday, 06 August 2015 13:55


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A large bank made four loans to a building contractor and other borrowers for the acquisition, design, development and construction of residential projects in Sumner County, Tennessee. The loans were evidenced by promissory notes in an original principal amount in excess of $40 million dollars and collateralized by various properties. After the building contractor defaulted and the loans matured with an outstanding balance, the bank sought to appoint a receiver under the loan agreement, in order to preserve the value of the properties.

   

Co-Defendant provided opportunity to dispute insurer’s subrogation rights

Tuesday, 10 March 2015 09:54


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In a claim filed with her insurance company, a homeowner alleged that her residence suffered damage as a result of blasting operations conducted during construction on an adjacent property.  The claim however, was denied by the homeowner’s insurance company which cited provisions of the homeowner’s policy excluding losses from wear and tear, settling, earth movement, weather, and defects in planning, design, construction, or maintenance of the property.  The homeowner responded by filing suit against the construction company and against the insurance company for failing to honor her claim.  The homeowner also raised several tort claims against the construction company that performed the blasting on the adjacent property.

   

No implied warranty of workmanlike construction in sale of backfilled lot between developers

Tuesday, 03 March 2015 12:28


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A developer purchased some farmland in Iowa, hired an engineer to prepare a topographical map, perform soil testing, and created a plat for a large residential subdivision. The developer contracted with a company to perform the actual grading, backfilling, and compaction for one lot, and another company to inspect the work and determine that the fill and soil compaction were done correctly.

   

Construction inspector not liable for defamation

Monday, 22 December 2014 10:15


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A Massachusetts court of appeals recently affirmed the dismissal of a contractor’s claim of defamation, finding that the conditional privilege shielded the individual from liability.

   

Up-the-ladder immunity shields construction company from liability

Thursday, 18 December 2014 16:48


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A construction company building a medical center subcontracted the installation of the center’s heating, ventilation, air conditioning, plumbing and electrical systems to a subcontractor.  After taking a break from the installation process, an employee of the subcontractor walked into a dark area of the construction site and fell six feet into an elevator shaft.  The employee was injured from the fall and in turn collected worker’s compensation payments from the subcontractor.  Despite his receipt of worker’s compensation payments, the employee filed suit against the construction company seeking compensatory and punitive damages for the injuries he sustained in the fall.

   

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