Florida Construction Liens: Payment Bonds

W. Mason – June 9, 2014 Owners of real property in Florida can exempt their property from all future liens at the outset of construction by requiring their general contractor to post a payment bond pursuant to Fla. Stat. § 713.23 or 713.245 before construction begins. In general a payment bond is contract among the… Continue reading Florida Construction Liens: Payment Bonds

OSHA Cites Company in Workers’ Deaths

June 7, 2014 The U.S. Labor Department’s Occupational Safety and Health Administration has cited Halmar International for two serious violations of workplace safety standards in connection with the deaths of two workers and injuries to a third. Construction worker Timothy Lang, 53, of Saugerties, was killed Dec. 2 when a concrete wall fell on him… Continue reading OSHA Cites Company in Workers’ Deaths

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NJ Trial Court Dismisses Condo Association’s Defect Claims

Matthew D. Stockwell – June 3, 2014 In late March, a trial court in Bergen County, New Jersey dismissed a condominium association’s construction defect claims against several construction entities for failure to comply with the applicable statute of limitations. This decision’s appellate aftermath will be interesting to follow, because the trial court stripped away some… Continue reading NJ Trial Court Dismisses Condo Association’s Defect Claims

“Everything But The Kitchen Sink” Theory Of Litigation: Usually A Sign Of Weakness

Stan Martin – June 5, 2014 Lawsuits that proceed under, say, eight or more causes of action typically either (a) recite egregious acts by a group of defendants, or (b) mask a lack of substance in the plaintiff’s case.  A recent federal Court of Appeals decision describes the latter, in what might otherwise be a… Continue reading “Everything But The Kitchen Sink” Theory Of Litigation: Usually A Sign Of Weakness

California Supreme Court to Address Design Professionals and Duty of Care to Third-Party Purchasers

Gregory T. Hanson – June 5, 2014 On May 7, the California Supreme Court heard oral arguments in Beacon Residential Community Assn. v. Skidmore, Owings, & Merrill LLP, a case that will have a huge impact on design professional liability in California when third-party purchasers sue a designer alleging defective designs. The Beacon is a mixed-use… Continue reading California Supreme Court to Address Design Professionals and Duty of Care to Third-Party Purchasers

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