Cable M. Frost – October 16, 2013 On October 10, 2013, the Fifth Circuit Court of Appeals, citing lack of procedural safeguards, affirmed a district court’s determination that Mississippi’s “Stop Notice” statute is unconstitutional because it deprives contractors of their property without due process. This holding effectively abrogates “lien rights” for first-tier subcontractors. Absent a… Continue reading Mississippi’s “Stop Notice” Statute Declared an Unconstitutional Deprivation of Property
Month: October 2013
Contractors Get Relief with Construction Subcontractor Law after the US Appeals Court Strikes Down a Mississippi Law for “Stop Payment Notices” Issued by Subcontractors
Robert E. Kohn – October 28, 2013 While contractors are having a hard time getting paid for the work they’ve done out-of-state, a recent lawsuit won by Kohn Law Group provides relief from unfair construction subcontractor law practices. On October 10, 2013, a U.S. Court of Appeals struck down the “stop notice” scheme in Mississippi,… Continue reading Contractors Get Relief with Construction Subcontractor Law after the US Appeals Court Strikes Down a Mississippi Law for “Stop Payment Notices” Issued by Subcontractors
Lenders and Post-Foreclosure Purchasers Have Standing to Make Construction Defect Claims for After-Discovered Conditions
Buck Mann – Higgins, Hopkins, McLain & Roswell – August 8, 2013 The Colorado Court of Appeals has decided a case which answers a question long in need of an answer: do banks/lenders have standing to assert construction defect claims when they receive title to a newly-constructed home following a foreclosure sale or deed-in-lieu of… Continue reading Lenders and Post-Foreclosure Purchasers Have Standing to Make Construction Defect Claims for After-Discovered Conditions
Colorado State Legislature and Governor Hickenlooper Stop Insurers from Shortening the Statute of Limitations on Unsuspecting Policyholders
David Furtado – October 22, 2013 On May 10, 2013, Governor Hickenlooper ended the ability of insurers to shorten the statute of limitations through provisions in contracts with their policyholders. The bill Governor Hickenlooper signed made changes to Colorado Revised Statute Section 10-4-110.8, now entitled Homeowner’s insurance–prohibited and required practices–estimates of replacement value–additional living expense… Continue reading Colorado State Legislature and Governor Hickenlooper Stop Insurers from Shortening the Statute of Limitations on Unsuspecting Policyholders
Can Two Experts File Just One Report?
Robert Ambrogi – IMS ExpertServices – October 14, 2013 Federal courts prohibit expert witnesses from testifying unless they first file a written report of the opinions they will give and the facts they relied on in forming them. But is it ever acceptable for two separate experts to file a single, joint report? Yes it… Continue reading Can Two Experts File Just One Report?