Edward Garber | Florida Construction Legal Updates An interesting case came out of Florida’s Fourth District Court of Appeal that touches upon two important points. First, the independent tort doctrine does not apply when there is not a contract between the parties. Second, an officer cannot escape fraud simply by claiming his or her actions were done… Continue reading Party Cannot Skirt Out of the Very Fraud it Perpetrates
Month: January 2023
Do You Have Good Cause for a Remote Deposition?
Esquire Deposition Solutions For litigators seeking to conduct a deposition remotely over an opponent’s objection, the watchword is “good cause.” Good cause is required to obtain permission for a remote deposition. A different kind of good cause is necessary to present remote testimony instead of live testimony in a federal courtroom. Yet another, often more… Continue reading Do You Have Good Cause for a Remote Deposition?
Your Side, Your Story – the Advantage of Being Heard at Mediation
Larry Schiffer | National Arbitration and Mediation One of the key advantages of mediation is the ability to be heard by a neutral party genuinely interested in the facts and arguments giving rise to the dispute. Allowing the parties to tell their story to someone who is listening and empathetic to their problem is central… Continue reading Your Side, Your Story – the Advantage of Being Heard at Mediation
Construction Contract Tip – How Can Owners Make Sure Subcontractors Are Paid?
Sam DeBaltzo | Tonkon Torp In my last post, I discussed ways subcontractors can protect themselves from waiving their right to lien before the owner pays. However, what if an owner pays its general contractor (GC), but the funds never make it to the subcontractors who subsequently lien? The owner can go after the GC for… Continue reading Construction Contract Tip – How Can Owners Make Sure Subcontractors Are Paid?
New Statutory Payment Regime for Public and Private Works in Virginia
Anthony LaPlaca | Seyfarth Shaw For general contractors working in Virginia, 2023 marks the end of one of the more prolific contractual rights available—the pay-if-paid defense. Until now, pay-if-paid clauses were a valid means of shifting to subcontractors the risk of owner insolvency or wrongful withholding. In the spirit of freedom of contract, Virginia courts… Continue reading New Statutory Payment Regime for Public and Private Works in Virginia