Bill Wilson | Robinson+Cole A common question from clients, when a dispute arises on a construction project, is whether they can recover their attorney’s fees from the other side if they pursue a case and win. More often than not, such fees are not recoverable. As a general rule (commonly known as the “American Rule”),… Continue reading Attorneys’ Fees and the American Arbitration Association Rule
Month: September 2024
It’s Getting Hot in Here: OSHA Proposes New Heat Hazard Rules
Jared B. Caplan and Anne R. Yuengert | BuildSmart Did you know that OSHA does not currently have a specific standard covering heat stress hazards? Rather, OSHA uses the General Duty Clause, Section 5(a)(1) of the Occupational Safety and Health Act, to impose requirements related to heat stress. OSHA reports that between 1986 and 2023… Continue reading It’s Getting Hot in Here: OSHA Proposes New Heat Hazard Rules
Know Your Rights: ASBCA Issues Two Important Reminders To Contractors
Michelle D. Coleman, Skye Mathieson, John Nakoneczny and Tyler Piper | Crowell The Armed Services Board of Contract Appeals (Board) recently issued notable reminders to contractors regarding its jurisdictional authority and the importance of timely filing claims. The Board explained in DSME Construction Co., Ltd., ASBCA 63878 (July 30, 2024), that it may retain jurisdiction over… Continue reading Know Your Rights: ASBCA Issues Two Important Reminders To Contractors
Defendant’s Request for Attorney’s Fees Within Its Summary Judgment Motion is Insufficient to Place Plaintiff on Notice That Defendants Are Claiming Attorney’s Fees
Carolin Pacheco | Marshall Dennehey Barnhardt Construction, LLC v. Steven C. Hildreth, et al., 31 Fla. L. Weekly Supp. 600a (Fla. 5th Cir. Ct. 2024) On February 6, 2024, the Fifth Circuit Court in Hernando County, Florida, rendered a decision regarding a prevailing defendant’s request for attorney’s fees within a motion for summary judgment. The… Continue reading Defendant’s Request for Attorney’s Fees Within Its Summary Judgment Motion is Insufficient to Place Plaintiff on Notice That Defendants Are Claiming Attorney’s Fees
Mastering Construction Liens: Pursuing Payment (Part 2)
Taylor M. Hayes and J. Daniel Weidner | Koley Jessen Let’s assume you have successfully filed a construction lien. Let’s also assume your lien was timely recorded, notice was provided (if necessary), you have compiled all relevant documentation, and now you are ready to pursue payment for the amount secured by the lien. Unfortunately, recording… Continue reading Mastering Construction Liens: Pursuing Payment (Part 2)