Daniel Lund III | Phelps Dunbar You (can’t) just keep me hangin’ on! In federal court proceedings in Colorado against a Miller Act surety as a follow-up to an arbitration award rendered against the surety’s principal, the surety was tagged with paying the attorney’s fees incurred by the plaintiff obligee in the court action. The… Continue reading Construction Litigation Roundup: “You (Can’t) Just Keep Me Hangin’ On!”
Month: June 2023
Florida’s New Civil Remedies Act – Bulletpoints as to How it Impacts Construction
David Adelstein | Florida Construction Legal Updates There has been much talk about Florida’s new Civil Remedies Act (House Bill 837) that Governor DeSantis approved on March 24, 2023. As it pertains to construction, here is how I see it with key bulletpoints on the impact this new Act has on the construction industry: When one of your… Continue reading Florida’s New Civil Remedies Act – Bulletpoints as to How it Impacts Construction
A Matter of Means and Methods: Florida Appellate Court Upholds Retroactive Presuit Notice Requirement
Vincent Fernandez and Shaheen Nouri | Butler Weihmuller Katz Craig The presuit notice requirements of section 627.70152, Florida Statutes, are procedural in nature and, therefore, apply retroactively to insurance policies existing at the time the law was enacted (July 1, 2021). Herman Cole v. Universal Prop. & Cas. Ins. Co., No. 4D22-1054 (Fla. 4th DCA May… Continue reading A Matter of Means and Methods: Florida Appellate Court Upholds Retroactive Presuit Notice Requirement
Time Lag Does Not End Insurer’s Duty to Defend, Court Rules
Andrew G. Simpson | Claims Journal A federal court in New York has reiterated that a time lag between the date a trip-and-fall accident occurred and when the conduct alleged to have caused it took place does not itself relieve an insurer of its duty to defend its insured in an injury suit related to… Continue reading Time Lag Does Not End Insurer’s Duty to Defend, Court Rules
Contractor Wins in Arbitration Only to Lose Before the Superior Court on Section 7031 Claim
Garret Murai | California Construction Law Blog If you’re a regularly reader of the California Construction Law Blog you’re aware of Business and Professions Code section 7031 which courts have variously described as “harsh[ ],” “draconian” and “unjust,” but, importantly, nevertheless valid. We haven’t seen many cases applying Section 7031 in an arbitration setting, however,… Continue reading Contractor Wins in Arbitration Only to Lose Before the Superior Court on Section 7031 Claim