David K. Taylor | BuildSmart I have practiced law for 40 years with the vast majority as a “construction” lawyer. I have seen great… and bad… construction lawyering, both when representing a party and when serving over 300 times as a mediator or arbitrator in construction disputes. I have made my share of mistakes and… Continue reading Mistake No. 9 of the Top 10 Horrible, No-Good Mistakes Construction Lawyers Make: Screwing Up the Hearing Exhibits
Category: Construction Law
Legal Doctrines: The Role of Res Judicata and Election of Remedies in a Construction Dispute
Jose A. Aquino | Duane Morris On February 13, 2025, the Appellate Division of the Supreme Court of the State of New York entered a ruling in the case of Alarcon v. Henry, highlighting the significance of adhering to the doctrines of res judicata and election of remedies. The plaintiff entered into a contract with HKH… Continue reading Legal Doctrines: The Role of Res Judicata and Election of Remedies in a Construction Dispute
Navigating Construction Defect Claims and Statutes of Limitation: Key Lessons from Stoecklein v. Fayette Farms
David McLain | Higgins, Hopkins, McLain & Roswell In the recent Colorado Court of Appeals decision Stoecklein v. Fayette Farms, LLC (2024 WL 5098330), the Court addressed critical issues surrounding construction defect claims, statutes of limitations, and the interplay between the Colorado Consumer Protection Act (“CCPA”) and the Construction Defect Action Reform Act (“CDARA”). This case underscores… Continue reading Navigating Construction Defect Claims and Statutes of Limitation: Key Lessons from Stoecklein v. Fayette Farms
Let’s Not Forget Those In-Person Deposition “Glitches”
Esquire Deposition Solutions Promotional material for a continuing legal education program on deposition practice that crossed our desk recently gave a “pros and cons” assessment of remote versus in-person depositions. And while the authors took care to mention the cost savings and efficiencies of remote depositions (not to mention their compelling digital search, sharing and… Continue reading Let’s Not Forget Those In-Person Deposition “Glitches”
Recovering Attorneys’ Fees in Connection with Termination Settlement Proposals
Aron C. Beezley and Nathaniel J. Greeson | BuildSmart When a government contract is terminated for convenience, contractors may find themselves navigating the complex process of preparing a termination settlement proposal. One critical consideration that often arises is whether the costs associated with hiring legal counsel to assist with the preparation of these proposals are… Continue reading Recovering Attorneys’ Fees in Connection with Termination Settlement Proposals