Last week, the Oregon Supreme Court held in Goodwin v. Kingsmen Plastering (June 16, 2016), that a property owner must sue a contractor for negligent construction, if at all, within two years of when the [...]
Design Professional Firms Selling Prefabricated Accessory Dwelling Units, Building Substructures, or Micro Homes May Be Liable for Breach of Implied Warranty, or Strict Product Liability.
A recent Illinois State Court of Appeals decision has highlighted the distinction between providing a product for sale to the public on the one hand, and providing a service under a contract on the other. [...]
Last month, the Oregon Supreme Court issued a decision with important implications for construction litigation. Ball Janik attorneys were heavily involved in the appeal to the Supreme Court. In Shell v. The Schollander Companies, Inc., 358 [...]
Oregon Federal District Court Applies Recent Developments in Common Law Indemnity to Strict Product Liability Claims
Earlier this year, the Supreme Court issued Eclectic Investment, LLC v. Patterson, 357 Or 25, 346 P3d 468, modified, 357 Or 327 (2015). Eclectic has fundamentally affected pleadings and third-party practice in multi-party tort actions. Previously, it [...]
Oregon Court of Appeals Reaffirms that Engineer Lien Claimant Must Provide Notice of Right to Lien to Perfect and Foreclose Lien
The Oregon Court of Appeals recently issued a decision confirming the pre-lien notice requirements necessary to perfect a lien in Oregon. The case, known as Multi/Tech Engineering Services, Inc. v. Innovative Design & Construction, LLC, [...]
Across the Spectrum: Utah’s Recent Move Toward a Proper Interpretation of “Occurrence” In Commercial General Liability Policies
Fortunately for Utah policyholders, a recent District of Utah decision has continued the trend toward liberalizing Commercial General Liability (“CGL”) coverage in Utah. In The Cincinnati Ins. Co. v. Spectrum Devel. Corp, the District of [...]
Just What Is a Capital Improvement and Does a Judgment Against an HOA Have Preclusive Effect on the HOA’S Directors and Members?
Recently, the Oregon Court of Appeals issued a decision that may have far reaching impacts for communities looking at whether a particular project constitutes a “capital improvement” under their Covenants, Conditions and Restrictions (more commonly [...]
Written contracts generally provide a very stable method of making promises enforceable. Reducing all promises to a single self-contained writing reduces surprises and provides a single yardstick to measure compliance. Unfortunately, many contracts today – [...]
The Oregon Supreme Court recently decided a case with serious implications to the liability of LLCs and their members. Taking note of the case, Cortez v. Nacco Material Handling Group will enable aggrieved homeowners and [...]
Recently, a federal district court in Florida held that the Chapter 558 process is not a “suit” under a commercial general liability policy and the insurer had no obligation to defend the insured during this [...]