Rahul Gogineni | The Subrogation Strategist In Barrett v. Berry Contr. L.P., No. 13-18-00498-CV, 2019 Tex. LEXIS 8811, the Thirteenth District Court of Appeals of Texas considered, among other things, the procedural timing requirements of filing a certificate of merit in conjunction with a complaint. The court concluded that the proper reading of the statute requires… Continue reading “Wait! Do You Have All Your Ducks in a Row?” Filing of a Certificate of Merit in Conjunction With a Complaint
Month: January 2020
Connecticut Supreme Court Further Refines Meaning of “Collapse”
Tred R. Eyerly | Insurance Law Hawaii Connecticut courts have been inundated with collapse cases the past couple of years due to insureds’ living in homes that were constructed with defective concrete manufactured by J.J. Mottes Concrete Company. In a duo of cases, the Connecticut Supreme Court responded to a certified question from the… Continue reading Connecticut Supreme Court Further Refines Meaning of “Collapse”
Update: Lawyers Can Be Bound to Confidentiality Provision in Settlement Agreement
Danielle Ward | Balestreri Potocki & Holmes In July 2019, the California Supreme Court ruled that an attorney’s signature under the often-used phrase “approved as to form and content” does not preclude a finding that the attorney could be bound to the terms of a settlement agreement. (Monster Energy Co. v. Schechter (2019) 7 Cal.5th… Continue reading Update: Lawyers Can Be Bound to Confidentiality Provision in Settlement Agreement
Delays Caused When Government (Owner) Pushes Contractor’s Work into Rainy/Adverse Weather Season
David Adelstein | Florida Construction Legal Updates There are a number of horizontal construction projects where a contractor’s sequence of work and schedule is predicated on avoiding the rainy season (or certain force majeure events). The reason is that the rainy season will result in delays due to the inability to work (and work efficiently) during the… Continue reading Delays Caused When Government (Owner) Pushes Contractor’s Work into Rainy/Adverse Weather Season
Significant 2019 Tennessee Construction Decisions
Allison Wiseman, Brian Dobbs and Ryan Lee | Bass, Berry & Sims This Construction Law Alert highlights some of the significant Tennessee state and federal decisions affecting the construction industry from the past year. Holdback Payments Are Not Retainage Tennessee’s Prompt Pay Act (PPA) requires all retainage withheld on construction projects to be deposited into… Continue reading Significant 2019 Tennessee Construction Decisions