California Court of Appeal Opens Doors for Construction Defect Claims Outside of the Right to Repair Act
Most contract negotiations boil down to several key terms. For construction contractors, these are five critical items that you need to carefully consider and negotiate in each of your agreements....more
Public Risk Management of Fl. v. One Beacon Ins. Co., No. 6:13-cv-1067-Orl-31 TBS, 2013 U.S. Dist. LEXIS 150091, 2013 WL 5705575 (M.D. Fl. Oct. 18, 2013).
A Florida federal court granted a reinsurer’s motion to dismiss...more
Approximately 2,000 bills were introduced in the California State Legislature during the 2013-2014 legislative session. Of these, 896 bills made it to Governor Brown’s desk and 800 were signed into law....more
Nearly every estimate submitted on behalf of a Texas building owner for the replacement of a commercial roof includes the same last two line items...
Originally published in Texas Law360 on December 2, 2013....more
This is the final section of a 9 part series discussing the entire trajectory of a construction lawsuit involving claims of design errors or omissions. ...more
Construction is taking place all over South Florida. Looking around Brickell, Downtown Miami, and Fort Lauderdale you will undoubtedly spot cranes working on various projects. With all of the construction, there are likely to...more
For several years, design and construction professionals have been awaiting word from the Washington Supreme Court regarding whether aggrieved parties are limited to remedies set forth in their written contracts or whether...more
On Friday, November 8, 2013, the United States Circuit Court of Appeals for the Fifth Circuit, which comprises Texas, Louisiana, and Mississippi, affirmed a $3.2 million damages award for copyright infringement in favor of...more
One key provision of Article 4A of the Uniform Commercial Code, which deals with reasonable security measures for banks, needs to be dropped, contends attorney Dan Mitchell, who represented PATCO Construction in a...more
Anyone who works on your property or provides materials, and is not fully compensated, may have a right to enforce a claim for payment against your property. Construction liens are foreclosed in the same method as mortgages;...more
Hailstorms are inevitable in Texas, and so is the experience of the typical homeowner in their aftermath. Countless flyers are taped to the front door, yard sign ads spring up in the neighborhood, and the phone and doorbell...more
Occasionally, old news is new news. The topic of notice by subcontractors and suppliers to preserve their lien and bond payment rights is discussed more often than may be necessary, but inattention or carelessness in regard...more
Virginia construction attorney, Christopher Hill, discusses his thoughts on construction lawyers and necessary evils at Construction Law Musings. Construction attorneys can be a helpful resource to contractors and...more
Although a personal injury complaint filed by a subcontractor’s employee alleged direct negligence only against the additional insured contractor, the vicarious liability coverage afforded the additional insured was...more
The Building and Construction Industry Security of Payment Amendment Bill 2013 (NSW) (Bill) puts into effect several recommendations of the Collins Inquiry into Construction Industry Insolvency (November...more
Marble Unlimited, Inc. v. Weston Real Estate Inv. Corp., 4D11-3113 (Fla. 4th DCA 2013) -
Marble Unlimited, Inc. (“Marble”) is a granite countertop subcontractor. In 2003, Marble contracted with Weston Real Estate...more
The U.S. Supreme Court appears poised — for the first time in 25 years — to uphold the enforceability of forum selection clauses, which permit contracting parties to prospectively determine the location/court where a lawsuit...more
Valentine S. Hoy and Timothy M. Hutter discuss a recent California Court of Appeal ruling that found SB800 (Civil Code sections 895 through 945.5, the "Right to Repair Act") is not the only remedy for construction defect...more
In This Issue:
QnA with the JAMS Global Engineering and Construction Group; Engineering Mediations for Success; Who's in charge of this arbitration anyways?; and Notices & Events.
Excerpt from QnA with the JAMS...more
In a rather prosaic case involving the measurement of damage to an automobile after an accident, the defendant who caused the accident sought to dismiss the plaintiff’s action because “her car [had] been fully repaired and...more
In HM DG, Inc. v. Amini, Case No. B242540 (September 20, 2013), general contractor HM DG, Inc. (“HMDG”) sued homeowners Farzad Etemad Amini and Pouneh Beizai in the Superior Court after they weren’t paid.
The Port Marina Condominium Association, Inc. v. Roof Services, Inc., 4D12-3693 (Fla. 4th DCA 2013):
The Florida Condominium Act provides for a warranty of fitness and merchantability as to work provided by contractors...more
Litigants in all industries, including construction, have to deal with electronic documents. Collecting, processing, reviewing and producing these documents involves substantial expenditures of time, manpower and money, often...more
In Capstone Building Corp. v. American Motorists Insurance Co., 67 A.3d 961 (Conn. 2013), the Supreme Court of Connecticut held, in a case of first impression, that commercial general liability insurance policies may cover...more
Architects occasionally get into payment disputes with project owners in much the same way as general contractors do. When that relationship sours, and litigation becomes necessary to secure payment, architects and...more