D.C. Court of Appeals Reverses Decision Dismissing Case, Finding that Forum Selection Clause was Permissive

On November 4, 2021, the District of Columbia Court of Appeals issued a decision in King Carpentry, Inc. v. 1345 K Street SE, LLC, et al. analyzing the distinction between mandatory and permissive forum selection clauses and examining certain provisions of the District’s subcontractor’s lien statute, D.C. Code § 40-303.01 et seq. In this case, … Read moreD.C. Court of Appeals Reverses Decision Dismissing Case, Finding that Forum Selection Clause was Permissive

D.C. Court of Appeals Affirms Construction Arbitration Award Despite Alleged Material Non-Disclosures of Arbitrator

On August 26, 2021, the Court of Appeals of the District of Columbia issued a decision on the C. R. Calderon Construction, Inc. v. Grunley Construction Company, Inc. case, involving issues surrounding the validity of an arbitration award in a construction dispute. Grunley Construction was hired as the general contractor for renovation of the Watergate Hotel.  Calderon … Read moreD.C. Court of Appeals Affirms Construction Arbitration Award Despite Alleged Material Non-Disclosures of Arbitrator

Holly Gaudon Joins MacDonald Law Group

On August 1, 2020, Holly Gaudon joined MacDonald Law Group as an associate attorney. Holly is a 2019 graduate of the University of Dayton School of Law, and a 2016 graduate of The Ohio State University. During law school, Holly served a judicial externship with U.S. Magistrate Judge Sharon Ovington from the United States District … Read moreHolly Gaudon Joins MacDonald Law Group

Developers, contractors welcome narrowing of construction defect claims

Many observers have long noticed the detrimental effects on commerce of excessive regulation. Developers and general contractors have seen this across much of the Mid-Atlantic where often well-meaning lawmakers have come up with regulations and statutes that often had the effect of depressing the creation of needed housing. It appears that lawmakers in Washington state … Read moreDevelopers, contractors welcome narrowing of construction defect claims

A case study in the importance of teamwork in construction defect defense

Readers in the District of Columbia Metropolitan Area undoubtedly know of the Silver Spring Transit Center, a construction project famous for wide-ranging, complicated disputes. The center’s owners (Montgomery County and the Washington Metropolitan Area Transit Authority) sued the designer, inspector and general contractor for more than $75 million for allegedly defective design and construction. Unsurprisingly, this … Read moreA case study in the importance of teamwork in construction defect defense

Construction defect defense: privity

It is not a word many of us use in everyday conversation: privity. But this legal term is important in discussions of contracts because there must be “privity” – a legally recognized interest in the same matter – for one party (a property owner) to sue another (a general contractor). In some situations, a property … Read moreConstruction defect defense: privity

State Supreme Court issues ‘victory for construction subcontractors’

For those in the construction industry wondering if the exponential growth in construction defect claims will continue unabated, there continues to be hopeful signs here and there that courts are looking at relevant statutes with new eyes. We read recently of such an example in a report about the Illinois Supreme Court overturning decades of … Read moreState Supreme Court issues ‘victory for construction subcontractors’

Maximizing efforts to minimize allegations

Virtually every company faces liability litigation at some point because no one can anticipate an unpredictable problem. But what if there were a technology available that would allow businesses to predict the unpredictable? Everyone in the construction and building management industries knows that small issues can escalate quickly into widespread problems. However, in some instances, … Read moreMaximizing efforts to minimize allegations

Part I: Construction defects case hinges on purchase agreement

We read recently of a construction law dispute that involves a developer, contractor and a general release. The case began back in 2005 when Variel Warner Ventures, LLC agreed to a construction contract with Verdugo Management & Investment, Inc. for improvements in an apartment complex. As part of the contract, Verdugo agreed to make good, … Read morePart I: Construction defects case hinges on purchase agreement