Fred Hedberg and William Stoll | Construction Law Zone After several decades, Governor Ned Lamont signed a bill into law, effective July 1, 2023, An Act Concerning Liability for False and Fraudulent Claims, Public Act No. 23-129, eliminating language that previously limited enforcement of Connecticut’s False Claims Act to claims relating to a state-administered health or… Continue reading Connecticut’s New False Claims Act Increases Risk to Public Construction Participants
Category: Construction Claims
Breach vs. Default — What’s the difference?
John Mark Goodman | BuildSmart The words breach and default are often used interchangeably to indicate that somebody hasn’t done what they were legally required to do. According to Black’s Law Dictionary, the words do appear somewhat interchangeable. Black’s defines breach as “a violation or infraction of a law, obligation, or agreement, especially of an official duty or a legal obligation.” … Continue reading Breach vs. Default — What’s the difference?
Recovering Lost Profits in Construction Claims: What Should Project Owners Do?
Blake Robinson | Davis Wright Tremaine One common consequence when a construction goes sideways, whether because the project is delayed or defects arise, is that the owner suffers lost revenue. For example, an apartment complex owner loses out on three months of rent when a project is completed three months after the substantial completion date… Continue reading Recovering Lost Profits in Construction Claims: What Should Project Owners Do?
Res Judicata not Apply to Bar Overlapping Damages in Separate Suits Against Contractor and Subcontractor
David Adelstein | Florida Construction Legal Updates Can the doctrine of res judicata bar an owner’s claim against the general contractor after the owner also sued and obtained a satisfied judgment against the subcontractor when there are identical, overlapping damages pursued in separate lawsuits. A recent case says, not really. In Pickell v. Lennar Homes, LLC, 48 Fla.L.Weekly D2037a… Continue reading Res Judicata not Apply to Bar Overlapping Damages in Separate Suits Against Contractor and Subcontractor
Florida District Court Rules Four-Year Statute of Limitations Governs Construction-Based Malpractice Claims Against Design Professionals
Lindsay McCormick | Marshall Dennehey Florida Statute § 95.11 sets the statutes of limitations for numerous claims, but as it relates to construction-related professional negligence claims, there has been a dispute and uncertainty as to whether the two-year or four-year limitation provisions apply. Under Fla. Stat. § 95.11(4)(a), “an action for professional malpractice, other than… Continue reading Florida District Court Rules Four-Year Statute of Limitations Governs Construction-Based Malpractice Claims Against Design Professionals