Albert Bates, Jr. and R. Zachary Torres-Fowler | Troutman Pepper Arbitration is the most widely used method of dispute resolution in the construction industry. Parties should understand the key concepts and common types of claims when deciding whether to arbitrate disputes involving construction contracts. Arbitration is an important form of alternative dispute resolution used in… Continue reading Construction Arbitration
Month: May 2023
Different Types of Indemnity and Their Relative Enforceability in Construction Litigation
Elizabeth Leonard | Cranfill Sumner Indemnification is a term often thrown about in construction litigation, and you will see it in most standard form construction contracts. But what actually is it, and how useful is it to have when it comes to litigation in the construction context? Indemnification is a means to shift the risk… Continue reading Different Types of Indemnity and Their Relative Enforceability in Construction Litigation
Issuing Judgment After Confirmation of Appraisal Award Overturned
Tred R. Eyerly | Insurance Law Hawaii The Florida Court of Appeal reversed and remanded the trial court’s judgment in favor of the insured because after confirming the appraisal award, judgment was issued before the insurer could offer policy defenses. State Farm Florida Ins. Co. v. Hochreiter, 2023 Fla. App. LEXIS 743 (Fla. Ct.… Continue reading Issuing Judgment After Confirmation of Appraisal Award Overturned
Failing to Release A Mechanics Lien Can Destroy Your Construction Business
William L. Porter | Porter Law Group Is the title to this article possibly true? Yes, absolutely! I have seen it happen. Let me tell you how it happens so you can avoid such a result. When contractors, subcontractors or suppliers in California construction projects are not paid they often record a mechanics lien on… Continue reading Failing to Release A Mechanics Lien Can Destroy Your Construction Business
Huh? Action on Construction Lien “Relates Back” Despite Notice of Contest of Lien
David Adelstein | Florida Construction Legal Updates Not every case law you read makes sense. This sentiment goes to the uncertainty and grey area of certain legal issues. It is, what you call, “the nature of the beast.” You will read cases that make you say “HUH?!?” This is why you want to work with… Continue reading Huh? Action on Construction Lien “Relates Back” Despite Notice of Contest of Lien