Law

The Basics of Eminent Domain for Property and Business Owners

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By RYANN C. CARMODY The concepts involved in eminent domain law are complex and confusing. To shed some light, below are answers to some frequently asked questions many people have about eminent domain and the condemnation process. What is eminent domain/condemnation? Eminent domain or condemnation is the power to take property for public use and

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The Pandemic-Proof Construction Contract: What is a Force Majeure Provision?

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By MEGHAN M. LAMPING It’s safe to say that 2020 isn’t going how anyone had planned. When it comes to contracts, this can be a very big problem – depending upon the wording in your contract. Whether you are looking to enforce a contract, renegotiate a contract or escape a contract as a result of

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The Pandemic-Proof Construction Contract: What is a Force Majeure Provision?

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By MEGHAN M. LAMPING It’s safe to say that 2020 isn’t going how anyone had planned. When it comes to contracts, this can be a very big problem – depending upon the wording in your contract. Whether you are looking to enforce a contract, renegotiate a contract or escape a contract as a result of

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Fifty Years of Construction Delay Claims: Few Cases Are Without Them

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By JAMES R. KELLER St. Louis CNR celebrated 50 years in 2019. By coincidence, I wrote an article for The St. Louis Bar Journal in its summer 2019 edition entitled “Missouri Construction Delay Law: A 50-Year Review.” The article was penned for lawyers, containing about 50 Missouri appellate reported cases over the past 50 years.

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Architect’s Mechanic’s Lien Filed Too Late: Timing Is Everything, Appellate Court Says

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By JAMES R. KELLER Missouri’s Eastern District Court of Appeals recently decided that an architectural firm filed its mechanic’s lien too late. Consequently, the lien was not enforceable. The case is Bates & Associates, Inc. v. Providence Bank & Vision Ventures, LLC, 2019 WL 4419698, September 17, 2019. Architects rarely file mechanic’s liens in Missouri.

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Subcontractor Ordered to Repay Contractor for Faulty Construction Plus Lost Profits

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By JAMES R. KELLER Missouri’s Southern District Court of Appeals affirmed on July 30 the decision of the trial court ordering a subcontractor to repay in full its contractor for faulty construction. The subcontractor also has to pay the contractor’s lost profits of 15 percent even though the owner had removed the work and never

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City Immune from Construction Lawsuit after Pedestrian’s Fall off Retaining Wall

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Missouri’s Western District Court of Appeals recently dismissed a pedestrian’s lawsuit against the City of Lee’s Summit, MO for serious injuries after his fall in 2017 from an unguarded retaining wall. The court held the city was immune from the lawsuit, even if its actions or inactions were negligent. The case is State ex rel.

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Court Rules for and against Contractor and Subcontractor

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BY JAMES R. KELLER Missouri’s Eastern District Court of Appeals decided for and against a contractor and its subcontractor. The opinion offers significant legal rulings on everyday construction issues including change orders for extra work, lien waivers and attorney fees. The case is Parkway Construction Services, Inc. v. Blackline LLC, 2019 WL 1344401 (March 26,

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Eastern District Orders Insurance Company Back to Trial Court on its Refusal to Cover Homeowners’ Construction Policy Claim

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BY JAMES R. KELLER Missouri’s Eastern District Court of Appeals recently granted judgment for homeowners and against their insurance carrier on claims for construction damages to piers, a pole and the foundation of their home. The appellate court sent part of the dispute back to the trial court to consider further whether the insurance company’s

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Eastern District Affirms Abuse of Process Damages in St. Louis County Subdivision Lot Split Lawsuit

By JAMES R KELLER Missouri’s Eastern District Court of Appeals recently upheld sizable attorney fee awards for a seller and against subdivision trustees. The court also found in favor of those same trustees and against a buyer of a residential lot in the City of Frontenac. The dispute involved an attempted lot split for construction

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