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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
By Jason Grant | May 12, 2023
"Workers who observe a coworker in peril may feel a heightened obligation to assist that coworker, with whom the rescuer may have a bond of shared experience and endeavor," said the Appellate Division, First Department court in a detailed, signed opinion.
6 minute read
By Robert C. Epstein | May 11, 2023
Construction cost overruns can convert a potentially successful project into an unprofitable boondoggle. Controlling cost overruns is key to achieving a successful project.
4 minute read
By Marianna Wharry | May 9, 2023
The Alaska Supreme Court, reversing a trial court's decision, said a judge, not a jury, must determine whether a construction worker killed in a work-related accident was an employee or independent contractor based on previous case law.
3 minute read
By Michael A. Mora | May 9, 2023
"You can't use transferable development rights or gimmicky substitutes as a get-out-of-just compensation card," said Robert H. Thomas, the property rights litigation director at the Pacific Legal Foundation, who represented the plaintiff.
5 minute read
By ALM Staff | May 9, 2023
This suit was surfaced by Law.com Radar. Read the complaint here.
1 minute read
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