Garret Murai | California Construction Law Blog People do the darnedest things. The next case, Carmel Development Company v. Anderson, Case No. H041005, 6th District Court of Appeals (April 30, 2020), involving a 10-plus year oral design and construction contract, inconsistent accounting practices, two mechanics liens, and side-agreements, takes us down some well traveled paths but… Continue reading California Mechanics’ Lien Case Treads Both Old and New Ground
Month: August 2020
Contract, Project, and Arbitration in Florida? State Has Personal Jurisdiction Over Action to Enforce Arbitration Award
E. Mabry Rogers, J. David Pugh and Amandeep S. Kahlon | Buildsmart On June 24, 2020, in Sayers Constr., LLC v. Timberline Constr., Inc., et al., a Florida District Court of Appeal affirmed a trial court’s denial of a contractor’s motion to dismiss. The contractor moved to dismiss for lack of personal jurisdiction in a dispute… Continue reading Contract, Project, and Arbitration in Florida? State Has Personal Jurisdiction Over Action to Enforce Arbitration Award
Court “Fl[u]shes Out” Leaking Loo Litigation
Victor Metsch | Smith, Gambrell & Russell A ceiling fixture falls on a tenant in his apartment. Shortly before the incident a toilet leaking from the unit above was replaced. The tenant blames the owner. And the owner blames the plumber. Case closed. Not. Issues of fact as to causation and notice. Claims for contribution… Continue reading Court “Fl[u]shes Out” Leaking Loo Litigation
The Covid-19 Impact: Navigating the Legal Landscape’s New Normal
Amanda Mathieu | Lewis Brisbois While most of the country has been at a standstill since March, you might be wondering, what about my lawsuit or my administrative charge? For the past couple of months, most litigation cases have largely been put on pause in the courts and at administrative agencies. However, as we adjust… Continue reading The Covid-19 Impact: Navigating the Legal Landscape’s New Normal
In California, It’s Time to Revisit Your “Pay-When-Paid” Contract Clause
Michael Barker | Snell & Wilmer In California, the “pay-when-paid” contract language typically found in general contractor’s subcontractor agreement may no longer be enforceable. A contract provision requiring a subcontractor to wait until the general contractor concluded its litigation with the owner before it could seek payment on a payment bond was held unenforceable as… Continue reading In California, It’s Time to Revisit Your “Pay-When-Paid” Contract Clause