Michele A. Ellison and Samantha R. Riggen | Gibbs Giden The opinion in Kim v. TWA Construction, Inc. (2022 Cal. App. LEXIS 412) issued by the Court of Appeal of California Sixth Appellate District, on May 13, 2022, makes it clear that a properly licensed general contractor cannot bring an action for compensation from an owner for… Continue reading New Case Law Alert: Licensed General Contractors Cannot Sue Owners To Recover Funds For Work Performed By An Unlicensed Subcontractor
Month: June 2022
Where-Forum Art Thou? Is the Chosen Forum Akin to No Forum at All?
William L. Doerler | The Subrogation Strategist Many courts enforce forum selection clauses in contracts between parties. In W. Bay Plaza Condo. Ass’n v. Sika Corp., No. 3D21-1834, 2022 Fla. App. LEXIS 1637 (W. Bay Plaza), the Court of Appeal of Florida, Third District (Court of Appeal) answered the question of whether a mandatory forum selection… Continue reading Where-Forum Art Thou? Is the Chosen Forum Akin to No Forum at All?
Summary Judgment for Insurer Reversed Based on Expert Opinion
Tred R. Eyerly | Insurance Law Hawaii After the trial court discounted the insured’s expert witness and granted summary judgment to the insurer, the Florida District Court of Appeal reversed. Morales v. Citizens Prop. Ins. Corp., 2022 Fla. App. LEXIS 1831 (Fla. Ct. App. March 15, 2022). The insureds’ property was allegedly… Continue reading Summary Judgment for Insurer Reversed Based on Expert Opinion
Insured Survives Motion for Summary Judgment in Collapse Case
Tred R. Eyerly | Insurance Law Hawaii The insurer’s motion to exclude expert testimony and for summary judgment in a cases involving collapse was denied. Firehouse Church Ministries v. Church Mut. Ins. Co., 2022 U.S. Dist. LEXIS 53959 (D. Miss. March 25, 2022). A roof truss, a framework supporting the roof, collapsed in… Continue reading Insured Survives Motion for Summary Judgment in Collapse Case
Include Contract Clauses for Protection Against Ever-Evolving Construction Challenges
Michael Henry and Kevin J. Riexinger | Construction Executive The first quarter of 2022 provided a valuable glimpse into some of the major issues the construction industry can expect to continue impacting jobsites for the rest of the year. Early in the pandemic, construction was not immune from the shut-downs that swept across market sectors.… Continue reading Include Contract Clauses for Protection Against Ever-Evolving Construction Challenges