Daniel Lund III | Phelps Dunbar Just say when. Two decisions issued on the same day in the same matter by a Louisiana state appellate court preserved claims against a backdrop of contractual claims provisions that seemed not to have been followed, and a statute of limitations which seemed to have expired. The decisions reversed… Continue reading Construction Litigation Roundup: “Just Say When”
Month: March 2023
Contrasting Expert Opinions Result in Denial of Cross Motions for Summary Judgment
Tred R. Eyerly | Insurance Law Hawaii Given the opposing experts’ contradictory reports, the court denied both the insured and insurer’s motions for summary judgment regarding coverage for a pipe leak. Pronti v. Hanover Ins. Co., 2022 U.S. Dist. LEXIS 222306 (W.D. N. Y. Dec. 9, 2022). The insured had a swimming… Continue reading Contrasting Expert Opinions Result in Denial of Cross Motions for Summary Judgment
RE&C In Review: Compliance Pitfalls on Residential Remodeling Projects
Tyler B. Schlimme | Brouse McDowell Which Contractors Must Comply with the Consumer Sales Practices Act? In a recent 11th Appellate District Case, the court found that the Consumer Sales Practices Act (CSPA), not the Home Construction Service Suppliers Act (HCSSA) applies to the remodeling of an existing home. The case originated as a consumer lawsuit… Continue reading RE&C In Review: Compliance Pitfalls on Residential Remodeling Projects
Who’s Got the Power? Subcontracting Considerations for EPC Contracts
Anthony L. Byler and Stasha M. Sosnowicz | Cohen Seglias Pallas Greenhall & Furman Some of the largest, and most lucrative, construction projects are those in the energy and power sector. Power plants, generating stations, oil and gas rigs, solar fields, and similar projects require complex planning and bidding, but if successfully executed, they can… Continue reading Who’s Got the Power? Subcontracting Considerations for EPC Contracts
Florida Supreme Court Holds That a Public Adjuster With Pecuniary Interest Cannot Qualify as a “Disinterested” Appraiser for Homeowner
Novera H. Ahmad | PropertyCasualtyFocus In Parrish v. State Farm Fla. Ins. Co., the Florida Supreme Court settled a conflict between two appellate courts, holding that a public adjuster, including the president of a public adjusting company, cannot serve as a “disinterested” appraiser if they have a pecuniary interest in the outcome of the appraisal. Background… Continue reading Florida Supreme Court Holds That a Public Adjuster With Pecuniary Interest Cannot Qualify as a “Disinterested” Appraiser for Homeowner