2023 – Construction Law

Tennessee Supreme Court Holds Economic Loss Doctrine Does Not Apply to Construction Services Contracts

Oct 12 2023

On 28 September 2023, the Tennessee Supreme Court held that the economic loss doctrine (ELD) “only applies in products liability cases and should not be extended to other claims.” After years of confusion and guessing by the lower courts and federal district courts in the state, the Court in Commercial Painting Company, Inc. v. The Weitz Company, LLC, et al. (Weitz) declined to extend the ELD and clarified that it does not apply to contracts for services, including construction contracts.

Strategies for Success in Navigating Delay and Quantum Issues in International Construction Arbitration in a Changing World

May 25 2023

We were delighted to host an event in our London office on 18 May 2023, as part of London International Disputes Week, in partnership with 4 Pump Court and Kroll, focusing on “Strategies for success in navigating delay and quantum issues in international construction arbitration in a changing world”. For those unable to join us, a recording of the event is available here.

Breakshore Ltd v. Red Key Concepts

Apr 06 2023

By: Camilla de Moraes, James Jago, and Samuel Gordon

In Breakshore Ltd v Red Key Concepts [2022] 5 WLUK 677 (Breakshore), K&L Gates successfully acted for the Claimant in resisting a Part 8 claim challenging the decision of an adjudicator and thereby enforcing the decision by way of summary judgment. The decision of the TCC reaffirms that the use of Part 8 to resist enforcement of an Adjudicator’s decision will only be appropriate in a very limited set of circumstances and that it must not be used to obtain a tactical advantage.

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