David Adelstein | Florida Construction Legal Updates Remember this: know your measure of damages in a construction defect dispute. If you don’t, as shown below, the outcome can be unforgiving. The measure of damages is one of your most important elements of proof. You are filing suit for damages; thus, knowing what you can reasonably… Continue reading Construction Defect Disputes: Know Your Measure of Damages!!!!
Month: January 2025
Recent Florida Court Decision Provides Important Lesson on Construction Defect Damages
C. Ryan Maloney | Shutts & Bowen The recent Florida appellate case of Bandklayder Development, LLC v. Sabga,[1] provides an important lesson regarding damages for construction defects – that damages for construction defects must be proven based on costs of repair measured as of the date of the breach, not current repair costs as of the time… Continue reading Recent Florida Court Decision Provides Important Lesson on Construction Defect Damages
Uncharted Territory: Are Geotechnical Inspectors Liable to Non-Contracting Parties – Including Property Owners?
Blake Robinson | Davis Wright Tremaine Historically in California, professional negligence cases were limited to parties who had contracted with each other.[1] The theory was that if a professional didn’t have a contract with the plaintiff, then the professional did not owe the plaintiff a duty of care and could not be liable in negligence. That… Continue reading Uncharted Territory: Are Geotechnical Inspectors Liable to Non-Contracting Parties – Including Property Owners?
Contractors Beware: Licensure Foot-faults Could Make Your Construction Contract Unenforceable
Brandon Cory and Jonathan Lauderbach | Warner Norcross + Judd Under the Michigan Occupational Code, residential building, maintenance and alteration contractors must be licensed to perform certain types of work. The Michigan Supreme Court held in Stokes v. Millen Roofing, 649 N.W.2d 371 (2002) that under MCL 339.2412(1), a residential building contractor cannot sue an unpaying… Continue reading Contractors Beware: Licensure Foot-faults Could Make Your Construction Contract Unenforceable
Cross Your T’s and Dot Your I’s When Moving for or Opposing a Summary Judgment
Taylor Brett | Adams and Reese Louisiana Code of Civil Procedure Article 966 sets forth the rules governing summary judgment proceedings in state court. The provisions in Article 966 are highly technical and courts require strict compliance with them before granting a motion for summary judgment. Certain of these provisions concern the way that parties… Continue reading Cross Your T’s and Dot Your I’s When Moving for or Opposing a Summary Judgment