Notice of Furnishing and Remote Claimants

A "remote" claimant can be defined as one contributing labor or materials to a construction project who does not have a direct contract with the general contractor.   This is typically a sub of a sub or a material supplier who sells to a subcontractor.   The key is the provider must not be in … Continue reading Notice of Furnishing and Remote Claimants

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Modified Comparative Fault and Construction Defect Litigation – The End of Joint and Several Liability?

joint and several treatment is unlikely in most case scenarios due to a party having to be more than 50% of the aggregate fault leading to or causing damages. Specifically, in an action to recover damages resulting from personal injury, wrongful death, or damage to property............. if indivisible damages are determined to be proximately caused by more than one defendant, joint and several liability does not apply to any defendant whose conduct is determined to be less than 50% of the total fault for the indivisible damages as compared with the total of: (i) the fault of all the defendants; and (ii) the fault (comparative negligence), if any, of the plaintiff.