Read Civil Remedies updates, alerts, news, and legal analysis from leading lawyers and law firms:
Arbitration - An Alternative to Litigation for Dispute Resolution
Elmo Sex Scandal: More Accusers May Come Forward, Says Lawyer
Newtown Shootings Could Give Rise to More Litigation, Says Pinsky
Whalen: Go Back To The Future To Fight Fraud With Equity Receivers
This week we discuss the 7th Circuit decision SAMS Hotel Group, LLC v. Environs, Inc. which found that, at least between two sophisticated parties, a liability cap in a contract dispute is enforceable even without specifying...more
My kid sister was popular in high school, unlike me. She was an officer on the student council, a member of Yearbook, numerous campus organizations, and someone whose name made it in the yearbook polls (in a good way). I, on...more
A suit on an unpaid account against your customer will likely entitle you to the principal balance plus interest and attorney fees. But a suit on an unpaid account is only as good as your customer’s ability to satisfy the...more
The amount of a mechanic’s lien in California is generally the lesser of: 1) the reasonable value of the work; or 2) the price agreed upon in the lien claimant’s contract. But does the same measure apply if a lien defendant...more
This past month, the Arizona Court of Appeals issued two decisions that could have significant implications for mechanics’ lien claimants....more
For years, litigating breach of contract cases in Florida meant having to struggle with the array of cases dealing with the Economic Loss Rule. In its simplest form, the Economic Loss Rule is a judicially created principle...more
In Home Construction Management, LLC v. Comet, Inc., 4D11-4022 & 4D12-21 (Fla. 4th DCA 2013), Home Construction Management, LLC. (“HCM”) and representative Abraham Omer appealed a final judgment and damage award for claims...more
A Tennessee Court of Appeals recently held that liquidated damages under an AIA Contract (A201 -1997 Gen. Conditions) are neither automatic nor self-executing. RCR Building Corp. v Pinnacle Hospitality Partners, 2012 WL...more
In Earth Trades, Inc. v. T&G Corp., No. SC10-1892 (Fla. 2013), the Supreme Court of Florida reviewed the Fifth District Court of Appeal’s holding that Florida Statute §489.128, which governs construction contracting,...more
Jim and Mary Homeowner are newlyweds who used their wedding money to buy their first home, a fixer-upper that required considerable renovations. The happily married couple was given the name of a local handyman, Bob, who was...more
In Beacon Residential Community Association v. Skidmore, Owings & Merrill LLP (--- Cal.Rptr.3d ----, Cal.App. 1 Dist., December 13, 2012), a California court of appeal found that a homeowners association could seek damages...more
The Interstate Land Sales Full Disclosure Act, a federal statute that was initially designed to prevent unscrupulous land sales of desert land in Arizona and marsh land in Florida, has been one of the primary weapons employed...more
The North Carolina construction world was abuzz during 2012 about new legislation bringing significant changes to North Carolina’s mechanic’s lien and payment bond laws. Governor Perdue signed SB 42 and HB 1052 into law this...more
The doctrine of equitable estoppel bars a party from denying a fact, or opposing a claim, based on that party's previous statements or conduct. As a general rule, depending on the circumstances, it can be based on either...more
The Construction Lien Act has very rigid timelines within which a contractor, subcontractor or supplier can register a construction lien for outstanding payments for work performed or materials supplied on a construction...more
On July 1, 2012, pursuant to Senate Bill No. 189 (“SB 189”), all of California’s laws regarding mechanics’ liens, stop notices and payment bonds were revised, renumbered, supplemented and/or replaced. Although some provisions...more
A recent Arizona case will significantly impact settlement tactics, settlement offers and which party will be awarded its attorneys’ fees in contract-based disputes. This was a case where the attorneys’ fees drove the case...more
In This Issue: - Letter from the Editor - Colorado Court of Appeals Clarifies the Application of the Statute of Repose in Contractor v. Subcontractor Claims Arising from Multi-Phase Projects - Arizona Court of...more
Can a supplier of construction materials be considered a "subcontractor" for purposes of enforcing its claim on a public works payment bond? The answer is "yes" according to a recent decision of the California Court of...more
On May 29, 2012, the Supreme Court of the United States denied certiorari in one of the most interesting, albeit troubling, construction-related cases to make national headlines since United States v. Spearin, 248 U.S. 132...more
Axis Surplus Insurance Company v. Glenco Insurance Ltd Court of Appeal, Fourth District (April 11, 2012) When an action for equitable contribution is brought by a settling insurer against a non-participating carrier, the...more
In Toro Enterprises Inc. v. Pavement Recycling Systems Inc., 2012 Cal. App. LEXIS 519 (Cal. App. 2d Dist. Apr. 9, 2012) the California Court of Appeal for the Second Appellate District reversed the trial court and granted...more
Henry Spalding, an attorney in the Sands Anderson Risk Management Group, recently published the following article in the Virginia Homebuilder’s Newsletter: Filing and enforcing a mechanic’s lien can be a strong and...more
In its recent decision in Thompson v. Navigators Ins. Co., 2012 U.S. Dist. LEXIS 60122 (S.D. Cal. Apr. 30, 2012), the United States District Court for the Southern District of California considered whether an insurer was...more
Just when you thought you understood the rules of the game in relation to the Pennsylvania Mechanics Lien Law (“Act”), the Pennsylvania Superior Court issued the game changing decision, Bricklayers of Western Pennsylvania...more
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