Travis Colburn | Ahlers Cressman & Sleight Velazquez Framing, LLC (“Velazquez”) v. Cascadia Homes, Inc. (“Cascadia”) is a Court of Appeals, Division 2 case where the primary issue on appeal was whether a second tier subcontractor was required to provide pre-lien notice under RCW 60.04 for its labor. The defendant, Cascadia, was the general contractor… Continue reading Court of Appeals Issues Decision Regarding Second-Tier Subcontractors and Pre-Lien Notice
Month: February 2023
General Contractors—In a Challenging Economy Beware of the Pitfalls In Subordinating Your Mechanics’ Lien Rights to an Owner’s Lender
Chance Brooks and Cary Jones | Snell & Wilmer Lenders on commercial real estate projects typically require that the general contractor subordinate its mechanics’ lien rights to the lender’s deed of trust and other financing documents in order to assure the lender that its security interests in the project will have priority over any mechanics’… Continue reading General Contractors—In a Challenging Economy Beware of the Pitfalls In Subordinating Your Mechanics’ Lien Rights to an Owner’s Lender
“Notice of Cancellation” Meets California Requirements for Notice of Rescission
Thomas Benjamin Boley | Wiley Rein A California federal court has held a “Notice of Cancellation” was sufficient to meet the substantive requirements of rescission in California, where the notice informed the insured of misrepresentations on the application and was accompanied by a return premium. Clear Blue Specialty Ins. Co. v. Ozy Media, Inc., 2022 WL… Continue reading “Notice of Cancellation” Meets California Requirements for Notice of Rescission
Florida Appellate Court Holds that Deadline to Report Claims Does Not Nullify Prompt Notice Provision
Evan Holober and Chad Pasternack | Cozen O’Connor Florida’s Third District Court of Appeal recently affirmed a summary judgment entered in favor of a property insurer, holding that there is no conflict between the policy’s three year limitation for reporting hurricane claims and the requirement that the insured give prompt notice. In Navarro v. Citizens Property… Continue reading Florida Appellate Court Holds that Deadline to Report Claims Does Not Nullify Prompt Notice Provision
Florida Legislature Makes Another Run at Revising the Statute of Repose for Construction Defects
Jason Bullinger | Rumberger Kirk In late December 2022, the Florida Legislature proposed changes to the Florida Statute of Repose for Construction Defects to clarify a statute with ambiguous language. The statute is used to determine how long a party has to file a claim for construction defects after a structure or improvement has been… Continue reading Florida Legislature Makes Another Run at Revising the Statute of Repose for Construction Defects