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Construction Litigation Archives

Missouri contractor moves to compel arbitration in city case

After the City of Cape Girardeau, Missouri filed a lawsuit against a Poplar Bluff contractor, the contractor has filed a motion requesting that the court compels the city to go to arbitration and to dismiss the lawsuit. The contractor also filed a countersuit for up to $1.5 million if the case continues in court.

Architects could be accountable for construction defects

When a problem emerges during or after a construction project in Missouri, the owner, contractor and architect often point fingers at each other when liability needs to be determined. Architects include language in their contracts meant to protect them from liability in the event of construction problems. However, courts tend to scrutinize these terms, and they do not necessarily let architects avoid responsibility.

Contractor and bank foreclose on floundering fitness club

A big redevelopment project at the Aspen Club was meant to service tourists in Colorado, but financial trouble has prompted multiple contractors and the lender to foreclose on the property. FirstBank, which lent the club's owner $45 million, filed the first foreclosure action at the Pitkin County Treasurer's Office. According to the lender, the property owner owes $30 million. The general contractor, PCL Construction Services Inc., took similar action soon thereafter in Pitkin County District Court. The company activated its mechanic's lien on the property with the hope of recouping $19 million.

AIA dispute resolution revisions raise questions

Contracts developed by the American Institute of Architects often serves as a foundation for agreements between parties on a construction project in Missouri. Every 10 years, the organization revises documents, and it has added language to documents A101, B101 and A201 that is raising new questions and concerns.

Colorado Supreme Court rules on construction defect case

Builders in Colorado may have been in a celebratory mood on June 5 when the state's Supreme Court ruled on a landmark construction defect dispute. The case involved how the declarations for projects can be changed, and the justices ruled by a 5-2 majority that a homeowners association was wrong to file a lawsuit before first obtaining the builder's consent to change a binding arbitration provision.

Change may be ahead for construction defect lawsuits

If a bill that passed the Colorado House on April 24 also passes the Senate, homeowners associations will be required to let condominium owners decide whether they want to be involved in class action lawsuits. The condo market has slowed in the last few years partly because of lawsuits filed by homeowners associations. Builders claimed that it had become too easy to file frivolous lawsuits.

City plans to use golf course for flood control

There is a controversy over plans to use a golf course in Colorado to control floodwaters during major storms. On April 6, Denver Public Works announced that it would move forward with plans to use the City Park Golf Course to hold and slow floodwaters in the event of major storms. Denver Public Works held almost 90 meetings before reaching the decision.

Company sued for $300 million fighting back

Kansas residents may be interested in a major breach of contract action currently pending in a California courtroom. In the suit, Santa Clara County alleged that Turner Construction breached its contract to build an expansion for the Santa Clara Valley Medical Center.

Oil and gas industry legal representation

For companies like yours that are involved in the oil and gas industry, Kansas is a good location for constructing pipelines and other oil and gas needs due to its location near the oil fields of North Dakota, Colorado and Texas. Consequently, many large oil and gas industry corporations use the state as an area to take care of their infrastructure needs.

Our condo association was faced with monumental construction issues thanks to the original developer of our complex. We were cash poor and in no position to get legal representation without a contingency fee arrangement. Luckily for us, Scott Long and Burke Robinson were willing to take us on as clients. Their work ethic, professionalism and knowledge of condominium construction served our association very well. Any association would be well served in hiring these gentlemen to represent them.

Board of Directors - Plaza Gardens on the Lake Condominium Owners’ Association Lake of the Ozarks, MO

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