David Adelstein | Florida Construction Legal Updates Although a personal injury case, the recent opinion in Garcia v. Southern Cleaning Service, Inc., 48 Fla.L.Weekly D977a (Fla. 1stDCA 2023) raises an interesting issue regarding nondelegable duties owed to third persons applicable in negligence actions. Remember, in order for there to be a negligence claim, the defendant MUST owe a duty of care to… Continue reading Nondelegable Duty of Care Owed to Third Persons
Month: June 2023
Recent Opinions Clarify Enforceability of Pay-if-Paid Provisions in Construction Contracts
Patrick McKnight | The Dispute Resolver Several recent opinions and legislative actions have brought the controversial nature of pay-if-paid provisions into focus in early 2023. Pay-if-paid provisions are contractual mechanisms designed to shift the risk of non-payment from General Contractors to lower-tier subcontractors. In other words, pay-if-paid provisions generally do not require payment to downstream subs until… Continue reading Recent Opinions Clarify Enforceability of Pay-if-Paid Provisions in Construction Contracts
Important Update to DC’s Construction Prompt Payment Act
Jake Mitchell and Jackson Nichols | Construction Law Now Blog Most jurisdictions have prompt payment statutes requiring timely payments to contractors on construction projects. Washington, DC enacted its own statute in 2013 and recently updated it to clarify the common practice of setoff (which we addressed in our September 2022 post). As stated in that post, “[i]n the… Continue reading Important Update to DC’s Construction Prompt Payment Act
An In-Depth Look at Changes Impacting Insurers Arising from Florida’s New Tort Reform Act
Jedidiah Vander Klok, Jordan Lewis and Scott Newman | Kennedys On March 24, 2023, Florida passed a sweeping tort reform bill into law, making major changes to civil litigation in the state. In anticipation of the Governor signing the bill into law, the number of new cases initiated throughout the state in March 2023 was… Continue reading An In-Depth Look at Changes Impacting Insurers Arising from Florida’s New Tort Reform Act
Duty to Defend, Number of Occurrences and Aggregate Limits of Liability – U.S. District Court for the Central District of California (California Law)
Tanya M. Murray | Plunkett Cooney San Bernardino County v. The Ins. Co. of The State of PennsylvaniaCase No. 5:21-cv-01978-PSG-JEM (D. Cal. May 16, 2023) The U.S. District Court for the Central District of California granted in part, and denied in part, the parties’ cross motions for summary judgment. At issue between the parties, San… Continue reading Duty to Defend, Number of Occurrences and Aggregate Limits of Liability – U.S. District Court for the Central District of California (California Law)