Construction Law Blog

September 20th, 2017

By Josh Bennett As explained in previous posts in this series, through the use of expert witnesses, an entity involved in a blasting claim may assert the defense that the damage was caused by some non-blasting reason or pre-existed the blasting and the peak particle velocity of the blast was not at the level necessary… Read More


August 8th, 2017

By Josh Bennett The use of expert witnesses is very important in the defense of a blasting damage claim. The blasting contractor will likely need to retain more than one individual to act as an expert witness in the case. As we discussed in the last post of this series, one of those individuals will… Read More


June 1st, 2017

By Josh Bennett The use of expert witnesses is very important in the defense of a blasting damage claim. The blasting contractor will likely need to retain more than one individual to act as an expert witness in the case. One of those individuals will likely be an explosives engineer/seismologist. That person will usually be… Read More


March 20th, 2017

Because of the potential costs associated with a claim for blasting damages, it is important to understand the pattern of a routine blasting claim and how to defend against such a claim. This includes a study of the typical causes of action included in the plaintiff’s complaint. When an owner files a complaint, it will… Read More


January 20th, 2017

As a member of the Steering Committee and Young Lawyer Liaison for the DRI Construction Law Committee, I am looking forward to our upcoming seminar, “Construction Law: Don’t Roll the Dice or Rely on Chance – An Industry-Guided Approach to Today’s Construction Landscape,” at the Cosmopolitan of Las Vegas from March 1-3, 2017. This year’s program… Read More


September 20th, 2016

If you are involved in enough construction defect litigation, you will likely come across cases involving multi-family residential developments, including condominium units. Last week, the South Carolina Court of Appeals issued an opinion dealing with such a development and looking at the issue of whether the unit owners were bound by certain waivers in the… Read More


July 12th, 2016

Contractors often insert provisions into their contracts that seemingly would benefit them if a dispute were to arise down the road. However, the question often arises whether such provisions are always enforceable. Unfortunately, the answer is usually a resounding “maybe.” This past week, on July 6, 2016, the South Carolina Supreme Court issued an opinion… Read More


June 3rd, 2016

I am just returning from the 2016 DRI Construction Law Seminar in New Orleans. Besides the fantastic food (beignets, anyone?) and spending time with my fellow construction lawyers, I was treated to some great CLE sessions. One such session featured Walter K. McDonough of ELK Consulting Services LLC who spoke about construction contracts from the… Read More


April 27th, 2016

In recent years, there has been an ever increasing number of property damage lawsuits filed against those industries who use explosives (Ludwiczak, n.d.). These claims for blasting damages are mainly against the mining, construction, and quarry operations throughout the United States (Ludwiczak, n.d.). Blasting claims usually arise in a similar manner. When owners become aware… Read More


February 29th, 2016

  HARLEY-DAVIDSON MOTOR COMPANY v. SPRINGETTSBURY TOWNSHIP, Pa: Supreme Court, Middle Dist. 2015 – Google Scholar. While preparing for a presentation on “stigma” damages based on environmental contamination, I came across a tax assessment case (linked above) from Pennsylvania where the Supreme Court accepted a “standard” 5% reduction in property value for environmental contamination. A… Read More


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