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By Lisa Willis | June 16, 2023
"As litigators, we're looking to see what the causes are for the failure, and based on that, who do you point the finger to?" said David Hawthorne, a partner at Pathman Schermer Tandy in Miami.
5 minute read
By Andrew Denney | June 15, 2023
Summary judgment motions now filed in New York courts ultimately "waste judicial resources by needlessly requiring the Court to address a motion replete with issues of fact which preclude summary judgment or where there can be no reasonable argument supporting summary judgment," a Manhattan judge wrote.
3 minute read
By Kenneth M. Block | June 13, 2023
In his Construction Law column, Kenneth Block offers a guide for developing a sample sustainability program, including the assembly of a sustainability team comprised of energy consultants, design professionals, contractors and property managers.
8 minute read
By Colleen Murphy | June 2, 2023
A construction worker injured in a jobsite fall was awarded a $1 million jury verdict in Middlesex County, coupled with a stipulated $400,000 in workers compensation medical expenses and benefits, resulting in a $1.4 million total recovery.
2 minute read
By ALM Staff | May 24, 2023
This suit was surfaced by Law.com Radar. Read the document here.
1 minute read
By Adolfo Pesquera | May 22, 2023
This is the first case squarely about Chapter 114, the legislative waiver of immunity for state construction contracts. - Associated Builders and Contractors of Texas amicus curiae
3 minute read
By Thomas J. Maroney and Hilary F. Simon | May 22, 2023
When determining which insurer will fund a settlement or verdict in a construction related incident involving a "grave injury" governed by the New York Labor Law, commercial general liability (CGL) insurers must confront the rule of anti-subrogation before Workers' Compensation 1B unlimited coverage can be triggered. This is a fertile ground for disputes in "grave injury" defense litigation.
10 minute read
By Jim Turner | May 19, 2023
Gov. Ron DeSantis has until Wednesday to act upon a bill that in part allows "prevailing" parties to recover legal fees in comprehensive growth-management plan challenges at the state Division of Administrative Hearings.
3 minute read
By Frank Soto and Daniel Jovanov | May 16, 2023
The Florida Legislature recently passed statutory changes that, among other things, reduce the time condominium and property owners have to file lawsuits over construction defects from ten years to seven years. This means that owners purchasing newly constructed properties years after construction could be left with no recourse if the property was defectively designed or constructed.
5 minute read
By Jessica Zelitt | May 15, 2023
On April 13, Florida Gov. Ron DeSantis signed Senate Bill 360 into law. This legislation alters the time period for bringing forward construction defect lawsuits, as well as modifies the current private right of action against a contractor for violation of the Florida Building Code.
5 minute read
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