Archive: May 2012

1
New Jersey Court Clarifies Trigger Dates for Statute of Repose in Construction Defect Actions
2
K&L Gates’ Arbitration World, March 2012
3
Green Building: Design and Construction Contract Issues
4
LLC Must Register as Contractor; Member Registration Not Sufficient

New Jersey Court Clarifies Trigger Dates for Statute of Repose in Construction Defect Actions

New Jersey v. Perini Corp., 425 N.J. Super. 62 (N.J. Super. Ct. App. Div. 2012),

In this case, a New Jersey appellate panel clarified the trigger date for the ten-year statute of repose for construction litigation, N.J.S.A. 2A:14-1.1.  The Court held that the statute of repose is triggered upon substantial completion of the project, however, the Court recognized that there can be separate trigger dates for subcontractors that have substantially completed all of their work on the project prior to the completion of the project as a whole.  For these subcontractors, the Court held that the statute of repose “runs from the completion of that contractor’s entire work on the ‘improvement,’ not from discrete tasks” performed by the subcontractor.  New Jersey, 2012 WL 1057939 at *6.

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K&L Gates’ Arbitration World, March 2012

Emerging Markets Special Edition

Welcome to the 18th edition of Arbitration World, a publication from K&L Gates’ Arbitration Group.  This special edition focuses on issues and recent developments in emerging markets.  We also include our usual round-up of news items in international commercial arbitration and investment treaty arbitration.

We hope you find this edition of Arbitration World of interest, and we welcome any
feedback (email ian.meredith@klgates.com or peter.morton@klgates.com).

In this issue:

  • News from around the World
  • World Investment Treaty Arbitration Update
  • Developments in Indian Arbitration
  • Harmonizing Arbitration in China with International Best Practice
  • Arbitration in Ukraine – Moving Forward
  • Recent Developments on Arbitrability in Russia
  • The Arbitration Landscape in Latin America

View the entire March 2012 edition here.

Green Building: Design and Construction Contract Issues

By Gregory R. Andre, K&L Gates, Chicago

“Green Buildings” feature energy efficient and environmentally friendly elements.  Governmental regulation, cost savings and public relations are driving the trend.  While architects, engineers, contractors and facilities managers focus on Green Building design, construction, equipment and operation issues, lawyers may wish to consider Green Building issues in the contracts entered into between the owner and the design and construction professionals.  This article addresses the special contract issues that may arise in connection with the design and construction of Green Buildings.

To read the full article, click here.

Reprinted with Permission. ©2012 CCH Incorporated. All rights reserved.

LLC Must Register as Contractor; Member Registration Not Sufficient

Stonebrook Constr. LLC v. Chase Home Fin., No. 37868, 2012 WL 1433471 (Idaho Apr. 26, 2012)

The Idaho Supreme Court made clear that a contractor entity cannot foreclose a lien unless it is a registered contractor; registration of an LLC member is not sufficient.  Here, Stonebrook performed construction services for homeowners who had given a deed of trust to Chase.  Homeowners did not pay Stonebrook, so Stonebrook placed a lien on the property and commenced a foreclosure action.  Chase moved to dismiss because, while one of Stonebrook’s members was a registered contractor, Stonebrook itself was not.  The Court affirmed the trial court’s dismissal of the lien claim, rejecting claims of substantial compliance and unreasonably harsh results.
 

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