New Orleans City Council Passing Construction Requirements

Two weeks ago the New Orleans City Council passed and ordinance that is purported to beef up labor violations for city construction contracts. The council was sharply divided whereby the ordinance passed by a 4-3 final vote. The ordinance is best described by the City Council's own publication: "The Council adopted Ordinance Cal. No. 28,899, […]

Residential Sprinkler Bill Resurrected in Washington House

Two years ago we wrote a blog post about 2009 House Bill 2224, introduced in Olympia by Representative Simpson, and aimed to "eradicate barriers that prevent the voluntary installation of sprinkler systems in private residences by promoting education regarding the effectiveness of residential fire sprinklers." While the bill had a lot of support in the […]

Oregon Case Allowing Building Code Negligence Claim Under Review

A few months ago, we wrote about an appeals decision in Oregon that carved an exception to the economic loss rule in a construction defect case, allowing a plaintiff to sue for negligence when a builder doesn't comply with building codes. That opinion - Abraham v. T. Henry Construction, Inc., 230 Or.App. 564 (2009) - […]

Building Code Seminiar Keynote Slides

Thanks to everyone who came out to the Building Codes seminar today, sponsored by Lorman Education Services. I learned a lot from the panel of speakers, and enjoyed giving my presentation on the Enforcement of Building Codes and Contractual Consequences of Violations. My slides from the Keynote presentation are available on my SlideShare.com account, and […]

Upcoming Speaking Engagements on Building Codes & Going Solo

In the next seven days, I'll be speaking at two engagements. The first is available only to students at Loyola New Orleans College of Law, but the second is available to anyone in the New Orleans area through Lorman Seminars. Here are the details. Loyola Law Schools Skills Curriculum I'll be visiting Loyola to teach […]

Oregon Clarifies Statute of Limitations on Construction Breach of Contract Action As 6 Years…But Opens Door to Negligence Claims.

Two interesting decisions from the Oregon Courts of Appeals in 2008 and 2009 are indirectly related, and of interest to folks in the construction industry. In the earlier decision, the Oregon court clarified the statute of limitations in a breach of contract claim for construct defects. Surprisingly, because of some ambiguity in two Oregon statutes, […]

Contractors Beware – Louisiana Appeal Court Says Compliance with Building Codes is Not a Cause for Change Orders

This fall, the Louisiana 1st Circuit decided Bonvillain Builders LLC v. Gentile, finding that a property owner was not required to pay nearly $50,000 in requested change orders because the extra work was required under the original contract. In Gentile, the construction contract required the contractor to meet all prevailing building codes. A situation arose […]