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Subcontract Language Can Prevent Enforcement of AIA Waiver of Subrogation

The United States District Court of Maryland recently held that a waiver of subrogation clause found in an AIA agreement can be superseded by subsequent contract language between the contractors. In Turner Construction Co. v. BFPE Int’l, 2016 WL 1169938

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Posted in Contractual Issues

Michigan Court of Appeal – Waiver of Subrogation Clause Does Not Preclude Gross Negligence Claims

In a Per Curium unpublished opinion dated August 9, 2016, an intermediate appellate court in Michigan overruled a trial judge’s grant of summary judgment based on a waiver of subrogation but affirmed the ruling that the plaintiff had not plead

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Posted in Contractual Issues

Sanofi Pasteur and Covenants to Insure

The co-author of the following post, Robert Sottile, is an Articling Student with Cozen O’Connor. The Court of Appeal has recently published a new decision regarding covenants to insure in Ontario. In Sanofi Pasteur Limited v. UPS SCS, Inc., 2015

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Posted in Contractual Issues

Illinois Expands Reach of Implied Warranty of Habitability to Subsequent Purchasers

In deciding an issue of first impression, an Illinois appellate court expanded in early May the application of the implied warranty of habitability. “Implied warranty of habitability” is a group of words that fails to roll smoothly off the tongue

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Posted in Construction, Contractual Issues
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