5/27/21
By: Ryan Mayo
Owners, contractors, and subcontractors should be aware of the importance of detailing warranties in construction contract clauses. Failure to clearly state such warranties could result in a party’s liability for violation of implied warranties should litigation occur.…
3/12/21
By: Tom McCraw
The US District Court for the Southern District of Florida recently dismissed a complaint without prejudice because the plaintiff failed to allege distinct conduct by the multiple defendants. Instead, the plaintiff alleged facts concerning the defendants collectively, …
California’s Expedited Procedure to Expunge Mechanic’s Liens
2/17/21
By: Ken Coronel
A common, current instruction from client to lawyer: Get those mechanic’s liens off my property! In our present economic environment there are plenty of reasons why property owners need to keep their real property free of encumbrances. …
1/28/21
By: Sean Riley
In Del. River Joint Toll Bridge Comm’n v. Sec’y Pa. Dep’t of Labor & Indus., No. 20-1898, 2021 U.S. App. LEXIS 895, at *2 (3d Cir. Jan. 12, 2021) the Third Circuit Court of Appeals recently …
1/13/21
By: Thomas Hay
In a Massachusetts trial court action, Timothy Lyons v. Phillip C. Farmer Development, Inc., Docket No. 1781-cv-01156, Freeman, Mathis & Gary, LLP prevailed on a motion for involuntary dismissal following the conclusion of the first civil …
Massachusetts Statute of Repose Applies One Building At a Time
12/22/20
By: David Slocum
The Massachusetts Supreme Judicial Court (the “SJC”) recently issued an important decision addressing the previously unanswered question of when the Massachusetts 6-year statute of repose for defective design, planning, or construction is triggered for purposes of alleged …
Lawfully Constructing or Lawful Construction: A Question for Another Court
11/17/20
By: Brittany Kurtz and William H. Catto
The Pennsylvania Superior Court kicked the can down the road on deciding recent contentions regarding the Statute of Repose defense that many general contractors and subcontractors rightfully assert in the voluminous stucco litigation …
Proposed Executive Order Regarding Design of Federal Buildings Stirs Up Architecture Community
10/29/20
By: Matt Foree
Earlier this year, a draft Executive Order was leaked to an architectural publication and quickly spread across the architecture community. The Executive Order, entitled “Making Federal Buildings Beautiful Again,” discussed guidelines for the design of Federal buildings. …
10/23/20
The recent New Jersey Supreme Court decision in Sun Chemical put defense counsel on notice of the potential for valid Consumer Fraud Act (“CFA”) claims to arise in cases involving allegations of express misrepresentation regarding the sale …
Weathering the Storm: When Hurricane Damage Leads to Construction Defect Claims
10/22/20
By: Jennifer Adair
With recent decades bringing an uptick in hurricane activity and increasingly strengthening storms, builders must brace for a swell of claims. Insurers typically anticipate the traditional claims for property damage caused by wind and water. However, such …
9/17/20
By: Ben Dunlap
A recent ruling by the United States District Court for the District of Massachusetts underscores the importance of confirming the effectiveness of coverage for contractors and subcontractors on construction projects. In Factory Mut. Ins. Co. v. Skanska …
Statute of Limitations Tolled in California Amid Pandemic
8/3/20
By: Matthew Jones
In response to the COVID-19 pandemic, California’s Governor Gavin Newsom issued a “state of emergency” for the entire State. In response, the California Judicial Council adopted several Emergency Rules to implement during the pandemic. In particular, Rule 9 states …