W. Matthew Bryant and Bethany Beaver | Saul Ewing The Illinois Appellate Court reversed a trial court’s statutory fraud judgment against a contractor in a defective construction case. The Appellate Court held that as a matter of law: (1) a contractor’s misstatement of amounts due for work did not support a statutory fraud claim even… Continue reading Contractor’s Overstatements of Amounts Owed Were a Simple Failure to Abide By Contract Terms, Requiring Reversal of Statutory Fraud Judgment
Tag: construction defects
How Technology Reduces the Risk of Façade Defects
Ori Aphek | Construction Executive The shell of the building is an onlooker’s first impression and crafts the architectural aesthetic, but it also plays a crucial role in enabling energy efficiency and protecting against the elements. Because façades are in direct contact with the elements, issues with water intrusion are the most common problem and… Continue reading How Technology Reduces the Risk of Façade Defects
Win for Contractors on Start Time of Florida Construction Statute of Repose
Jason Bullinger | Rumberger Kirk Last October, Rumberger attorney Jason Bullinger and attorney Dan Webster at Daniel J. Webster, P.A. obtained a win for Florida contractors, engineers, and architects by persuading a Volusia County Circuit judge that a condominium Association’s lawsuit was barred by Florida’s ten-year statute of repose (Opus Condominium Association, Inc. v. Associated Construction Group… Continue reading Win for Contractors on Start Time of Florida Construction Statute of Repose
Florida Legislature Makes Another Run at Revising the Statute of Repose for Construction Defects
Jason Bullinger | Rumberger Kirk In late December 2022, the Florida Legislature proposed changes to the Florida Statute of Repose for Construction Defects to clarify a statute with ambiguous language. The statute is used to determine how long a party has to file a claim for construction defects after a structure or improvement has been… Continue reading Florida Legislature Makes Another Run at Revising the Statute of Repose for Construction Defects
Economic Waste Doctrine and Construction Defects / Nonconforming Work
David Adelstein | Florida Construction Legal Updates I recently did a presentation on the economic waste doctrine. It is an applicable doctrine dealing with construction defects and nonconforming work. When it comes to construction defects and nonconforming work, EVERYTHING starts with your measure of damages. How are you going to prove your damages? Next, what evidence are you going to… Continue reading Economic Waste Doctrine and Construction Defects / Nonconforming Work