Residential Contractor Boot Camp
Construction Delays in the Time of Coronavirus: A Legal Perspective
Owners can trigger an insurance policy without formally alleging a tort claim if the contractor's defective work could support a tort claim. The Oregon decision may allow property owners to assert only a breach of...more
On April 16, 2025, the Massachusetts Supreme Judicial Court (the “SJC”) issued a decision concluding that a claim based on a negotiated contract providing for indemnification of damages caused by an architect’s negligence...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
Must damages be based on the cost of repair at the time of the breach? What is the time of breach? A recent Florida appellate case might have the answer to these questions. Bandklayder Development, LLC v. Sabga introduces key...more
Not according to a decision from a federal court in Ohio. The case involves a landscaping project at a hillside home in Cincinnati. The property overlooks the Ohio River, but like many projects that become cases, it ended up...more
If you ask owners, general contractors, or subcontractors how long the warranty lasts that they received or gave on a construction project, they will often tell you that they have a “one year warranty.” However, if the...more
I am often approached by contractors who wish to file a construction lien regarding either a residential or a commercial project. It is not atypical for many of these contractors to believe that filing a lien claim will...more
Construction contacts often include provisions that provide for pre-determined or “liquidated” damages in the event of a breach. Such provisions can provide certainty to the parties as to the consequences of a breach and can...more
This Construction Law Alert highlights some of the significant Tennessee state and federal decisions affecting the construction industry from the past year. Holdback Payments Are Not Retainage - Tennessee’s Prompt Pay...more