Matthew J. Meyer | Ansa Assuncao Under Florida lien law, a Notice of Commencement is a form document the property owner is generally required to sign and record in the public record before commencing any improvements to real property. One of the purposes of the Notice is to provide potential lienors with information they will… Continue reading What If The Contractor, Rather Than The Owner, Signs a Notice of Commencement? Is the Notice Defective And, Therefore, Ineffective?
Month: July 2020
Court Provides Guidance on ‘Pay-When-Paid’ Provisions in Construction Subcontracts
Ted R. Gropman and Cindy J. Lee | ConsensusDocs On April 17, the California Court of Appeal decided Crosno Construction, Inc. v. Travelers Casualty & Surety Company of America,1 effectively narrowing the scope of enforceable “pay-when-paid” provisions in construction subcontracts to the extent the subcontractor seeks recovery against a general contractor’s payment bond surety. Although the Crosno case involved… Continue reading Court Provides Guidance on ‘Pay-When-Paid’ Provisions in Construction Subcontracts
Virtual Jury Trials: The Next Wave of Remote Legal Practice
David R. Zaslow and Mark Paladino | White & Williams One of the most obvious and unavoidable results of the COVID-19 crisis has been the postponement of jury service and, by extension, all jury trials. Given the inherent difficulties of convening juries in a world of social distancing, it is likely that multiple jurisdictions will… Continue reading Virtual Jury Trials: The Next Wave of Remote Legal Practice
Illinois Federal Court Determines if Damages Are Too Remote
Lian Skaf | The Subrogation Strategist Foreseeability is a tort concept that tends to permeate several aspects of legal analysis, often causing confusion in litigants’ interpretation of, and courts’ application of, foreseeability to their cases. In Cincinnati Ins. Co. v. Progress Rail Services. Corp., 2020 U.S. Dist. LEXIS 73967 (C.D. Ill.), the United States District Court for… Continue reading Illinois Federal Court Determines if Damages Are Too Remote
Understanding Mechanic’s Liens and Arbitration Provisions
James Hartnett and Rachel Osdoba | Faegre Drinker Biddle & Reath As construction companies continue to operate under the stresses of the COVID-19 pandemic and social unrest, projects are starting and stopping as a result. These interrupted schedules, along with our overall disrupted economy, can increase the risk of non-payment. What should you do if… Continue reading Understanding Mechanic’s Liens and Arbitration Provisions