Mark Frilot and David Kurtz | Baker Donelson On June 29, 2023, the United States District Court for the Western District of Louisiana issued a Memorandum Ruling in Arcadis U.S., Inc. v. Stryker Demolition & Environmental Services, LLC, 2023 WL 4280924 (W.D. La. 6/29/23) that reminds us of the importance of careful contract drafting and “order… Continue reading Recent Louisiana Case Reminds of the Need for Careful Contract Drafting to Avoid Conflicts
Month: July 2023
Government’s Termination of Contractor for Default for Failure-to-Make Progress
David Adelstein | Florida Construction Legal Updates Whenever you elect to terminate the other party for cause or for default, you need to JUSTIFY the basis of the cause or default. The reason being is that a termination for default or cause is the harshest contractual remedy. This is why the other party will typically either (i) convert the… Continue reading Government’s Termination of Contractor for Default for Failure-to-Make Progress
Improvement or Malpractice? Florida Court of Appeals Addresses Applicable Statute of Limitations
Kyle Rice | The Subrogation Strategist In Am. Auto. Ins. Co. v. FDH Infrastructure Servs. LLC., No. 3D22-1143, 2023 Fla. App. LEXIS 3662, the Court of Appeals of Florida, Third District (Court of Appeals) addressed whether Florida’s two-year statute of limitations governing professional malpractice actions or four-year statute of limitations governing improvements to real property was… Continue reading Improvement or Malpractice? Florida Court of Appeals Addresses Applicable Statute of Limitations
Construction Litigation Roundup: “Muddled Results?”
Daniel Lund III | Phelps Dunbar Muddled results? After milling about the site for quite some time, a subcontractor on an Army Corps of Engineers excavation project in Louisiana filed a Miller Act claim against the general contractor’s bond. According to the subcontractor, the 1,000,000 yd.³ project – which was slated for 15 months –… Continue reading Construction Litigation Roundup: “Muddled Results?”
Choose With Care: Tennessee Federal Court’s Prompt Payment Conclusions Turn on Choice of Law Clause
Michelle Rosenberg | ConstructLaw Fed. Eng’rs & Constructors Inc. v. Relyant Global LLC, No. 3:19-CV-73-KAC-JEM, 2022 U.S. Dist. LEXIS 95617 (E.D. Tenn., May 27, 2022) This case arises out of the renovation of a U.S. Air Force dormitory in Missouri. The U.S. Army Corps of Engineers hired Relyant Global LLC to act as the prime… Continue reading Choose With Care: Tennessee Federal Court’s Prompt Payment Conclusions Turn on Choice of Law Clause