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May 2011 Construction Law Newsletter

May 2011, vol. 1, no. 1

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In This Issue…

Upcoming CLE

Construction Contracts: The Boiler Plate That Gives You Fits
October 24 - DeKalb

Full CLE Calendar…

Related Court Cases

Statute of Limitations
15th Place Condominium Association v. South Campus Development Team, LLC
Development company's express indemnity claim is governed by 10-year statute of limitations applicable to written contracts, as nature of claim is for failure to indemnify rather than any act or omission relating to construction activity. Sophisticated parties entering into contract for more than $34 million in construction work clearly intended to create accrual date for all statutes of limitations to limit liability and eliminate effect of discovery rule. Contract provisions were bargained for and thus enforceable. (McBRIDE and PALMER, concurring.)

Wrongful Death
Lee v. Six Flags Themes Parks, Inc.
Plaintiff filed suit for wrongful death and survival claims based on theories of construction negligence and premises liability. Decedent, a heavy equipment mechanic, fell 43 feet to his death during project of dismantling steel structure amusement ride. Degree of contractual control, by itself, does not establish genuine issue of material fact as to retained control. Evidence as to any form of control was insufficient to raise genuine issue of material fact on issue of vicarious liability, direct liability, or premises liability of amusement park. (ROCHFORD and LAMPKIN, concurring.)

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