Thomas P. Wert | Roetzel & Andress | February 22, 2016 On February 5, 2015, the Court of Appeals, Second District, reaffirmed the means by which courts determine damages for construction defect claims. Gray v. Mark Hall Homes, Inc., 2016 WL 459436 (Fla. 2nd DCA Feb. 5, 2015). In 2005, Angela Gray contracted with Mark Hall… Continue reading Court Reaffirms Damages Analysis in Construction Defect Cases
Month: February 2016
Fourth Circuit Holds Arbitration Clause Unenforceable When Contract Also Disavows Federal and State Substantive Law
Mark W. Frilot | The Dispute Resolver | February 8, 2016 While not a construction dispute, the Fourth Circuit’s decision in Hayes v. Delbert Services Corp., 2016 WL 386016, __ F.3d __ (4th Cir. 2/2/16), gives insight to the limits to a court’s willingness to enforce arbitration clauses that also include a waiver of substantive… Continue reading Fourth Circuit Holds Arbitration Clause Unenforceable When Contract Also Disavows Federal and State Substantive Law
Ouch! Contractor’s Claim Rejected For Untimely Notice
Taft Stettinius & Hollister LLP | February 15, 2016 Once again, a contractor has confronted the painful reality in Ohio that a failure to strictly follow the contractual notice of claims procedures, especially in a public contract, is perilous. In a recent case, despite delays on the project not caused by the contractor and despite… Continue reading Ouch! Contractor’s Claim Rejected For Untimely Notice
Avoiding and Defending Subcontractor Mechanic’s Liens in Texas
Anthony LaPlaca | Seyfarth Shaw LLP | February 15, 2016 Introduction Commercial owners and developers do not appreciate encumbrances on their property. In Texas, construction contracts reflect this self-evident phenomenon. Virtually every Lone Star contractor owes its client a duty to discharge subcontractor liens filed against the land, building or materials that make up the… Continue reading Avoiding and Defending Subcontractor Mechanic’s Liens in Texas
Rule 26 : What’s New, What’s Old, and What Still Needs to be Litigated
John Paul Nefflen | Burr & Forman LLP | January 27, 2016 The amendments to Rules 26 (b)(1) and 26(b)(2)(C) of the Federal Rules of Civil Procedure have been in effect for almost two months now. They are expected to change the way lawyers manage discovery and the way courts resolve discovery disputes. And, as… Continue reading Rule 26 : What’s New, What’s Old, and What Still Needs to be Litigated