David Adelstein | Florida Construction Legal Updates Under the Miller Act, a claim against a Miller Act payment bond must be commenced “no later than one year after the date on which the last of the labor was performed or material was supplied by the person bringing the action.” 40 U.S.C. s. 3133(b)(4). Stated another way,… Continue reading Do Not File a Miller Act Payment Bond Lawsuit After the One-Year Statute of Limitations
Month: November 2022
A Lack of Sophistication with the Construction Contract can Play out in an Ugly Dispute
David Adelstein | Florida Construction Legal Updates There are times where a lack of sophistication can come back to haunt you. This is not referring to a lack of sophistication of the parties. The parties, themselves, could be quite sophisticated. This is referring to a lack of sophistication with the construction contract forming the basis of the… Continue reading A Lack of Sophistication with the Construction Contract can Play out in an Ugly Dispute
Contractor Owed a Defense
Tred R. Eyerly | Insurance Law Hawaii The Illinois Appellate Court reversed the lower court and found that the insured contractor was entitled to a defense for alleged construction defects. Acuity v. M/I Homes of Chicago, LLC, 2022 Ill. App. LEXIS 393 (Ill. Ct. App. Sept. 9, 2022). The owners association (AOAO) sued… Continue reading Contractor Owed a Defense
Tech to Help Contractors Avoid Litigation
Brian Poage | Construction Executive Risk mitigation is a bigger part of managing construction projects than most people outside the industry realize. Construction is a risky business by nature. However, with the right tools, contractors can protect their businesses from costly litigation and keep jobsites safer and more productive. Modern technology helps increase project visibility… Continue reading Tech to Help Contractors Avoid Litigation
The Made Whole Doctrine is Alive and Well in Virginia
Scott Hefner | Butler Weihmuller Katz While the Virginia Supreme Court has never addressed the made whole doctrine by name, a recent federal district court opinion has declared the made whole doctrine “is alive and well in the Commonwealth.” Sustainable Sea Products International, LLC, et al. v. American Empire Surplus Lines Ins. Co., et al.… Continue reading The Made Whole Doctrine is Alive and Well in Virginia