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Construction Delays in the Time of Coronavirus: A Legal Perspective
Two recent Florida appellate decisions, Bandklayder Development, LLC v. Sabga, and Vuletic Group, LLC v. Malkin, have clarified and reinforced a critical principle in Florida construction law: damages for construction defect...more
The Court of Appeal, Fourth Appellate District, Division Two (Riverside) in RND Contractors, Inc. v. Superior Court (2025) issued a significant published decision. The California Court of Appeal addressed a previously...more
Often times, subrogation practitioners take the “kitchen sink” approach when pursuing claims: they name all potentially liable parties under all available legal theories and whittle down from there. With construction defect...more
Court rules typically govern, among other things, court procedures, filing requirements, and timelines/deadlines for filing papers. Failing to comply with court rules and procedures can lead to serious and potentially costly...more
On May 28, 2025, the Supreme Court of Ohio passed on an opportunity to settle a long-standing legal question: Does Ohio law require a trial court to conduct an oral hearing before compelling arbitration under R.C. 2711.03?...more
Washington’s construction lien statute makes clear that all lien foreclosure actions arising out of the same project should be joined into a single lawsuit. Filing a motion to intervene in a pending foreclosure lawsuit will...more
U.S. Eleventh Circuit Court of Appeals - Hamilton v. US Att’y Gen - immigration... Florida Supreme Court - Tallahassee - In re R Reg Fla Bar - amended rules...more
In the case of Bandklayder Dev., LLC v. Sabga, No. 3D23-1906, 2025 WL 15275 (Fla. Dist. Ct. App. Jan. 2, 2025), a Florida Appeals Court followed established Florida precedent holding that damages for a breach of construction...more
A New York appeals court has affirmed a $1.6 billion award for the developer of a Bahamas mega project against various subsidiaries of China State Construction Engineering Corporation, the world’s largest construction company...more
An recent Ohio appellate court decision reinforces a critical point for plaintiffs and a crucial defense strategy for defendants: if you don’t properly and timely name individual employees/agents in a lawsuit, you may lose...more
New Jersey law recognizes that the voluntary arbitration of civil disputes is generally favored, subject to certain exceptions. One exception occurs when a party to a contract containing an arbitration waives its right to...more
The Pennsylvania Supreme Court will decide a pivotal case that could significantly impact the construction industry and the application of the state’s construction Statute of Repose. Aloia v. Diamant raises key questions...more
The recent Florida appellate case of Bandklayder Development, LLC v. Sabga provides an important lesson regarding damages for construction defects – that damages for construction defects must be proven based on costs of...more
A recent opinion from the Court of Appeals of Georgia illustrates that contracts entered into with an unlicensed contractor, which are often unenforceable by an unlicensed contractor under many states’ laws, likely will not...more
A claim that a contract for construction of a school violated public bidding requirements did not become moot after construction was completed because effective relief — in the form of disgorgement of public funds paid to the...more
AC39565 - Carvalhos Masonry, LLC v. S&L Variety Contractors, LLC - Interesting case. After the conclusion of the evidence in the case, the trial judge urged the parties to settle and even recommended the amount. The...more