John Mark Goodman | BuildSmart The “American Rule” on attorneys’ fees is that each party pays its own lawyers, even if you win. As with almost any rule, there are exceptions. Sometimes there is a statute that requires the losing party to pay the prevailing party’s fees. For example, many states have enacted Prompt Pay laws… Continue reading The American Rule Stands: Court Rejects Fee-Shifting Under Indemnity Clause
Month: May 2023
Liability for Injuries to Subcontractors’ Workers
Scott Halberstadt | TALG General Contractors and Owner’s Representatives May Be Liable Generally, a subcontractor is solely responsible for the injury to one of its workers on the job site. However, as a recent California Court of Appeal reminded us, that is not absolute. The case involved an apartment construction project in San Francisco’s Hunters… Continue reading Liability for Injuries to Subcontractors’ Workers
Client Alert: Fifth Circuit Guidance for Newly-Offered Expert Opinions and the Concurrent Causation Doctrine in Insurance Coverage Cases
Cianan Lesley and Brian Scarbrough | Jenner & Block The United States Court of Appeals for the Fifth Circuit’s recent opinion in Majestic Oil, Inc. v. Certain Underwriters at Lloyd’s, London Subscribing to Policy Number W1B527170201, No. 21-20542 (5th Cir. Mar. 17, 2023), offers important guidance for practitioners in insurance coverage cases faced with offering new or… Continue reading Client Alert: Fifth Circuit Guidance for Newly-Offered Expert Opinions and the Concurrent Causation Doctrine in Insurance Coverage Cases
Breach of Duty of Good Faith and Fair Dealing Packaged with Contract Disputes Act Claim
David Adelstein | Florida Construction Legal Updates An interesting opinion on a motion to dismiss came out of the United States Court of Federal Claims dealing with the claim that the government breached its duty of good faith and fair dealing in administering the prime contract. The contractor’s argument was that the government breached its duty of… Continue reading Breach of Duty of Good Faith and Fair Dealing Packaged with Contract Disputes Act Claim
New Florida Bill Shortens Time for Construction Defect Lawsuits
Jessica Zelitt | Adams and Reese On Thursday, April 13, 2023, Florida Governor Ron DeSantis signed Senate Bill 360 into law. This legislation alters the time period for bringing forward construction defect lawsuits, as well as modifies the current private right of action against a contractor for violation of the Florida Building Code. First, SB 360 amends… Continue reading New Florida Bill Shortens Time for Construction Defect Lawsuits