David A. Greene – November 29, 2012 One important aspect of Florida’s Construction Lien Law is the award to the prevailing party of its attorney’s fees. Specifically, Florida Statutes §713.29 provides as follows: In any action brought to enforce a lien or to enforce a claim against a bond under this part, the prevailing party… Continue reading Defeating a Construction Lien Claim does not Always Entitle a Party to Attorney’s Fees
Month: January 2013
Well. . . Everyone Knows it: the Testimony of a Mold Expert
Mark Wiechnik – December 10, 2012 Everyone knows that humans only use 10% of their brains (an untrue “fact”, unless you mistakenly voted for Pat Buchanan in 2000), that Christopher Columbus called Native Americans “Indians” because he thought he landed in India (that part of the world was called Hindustan in Columbus’ time) and that… Continue reading Well. . . Everyone Knows it: the Testimony of a Mold Expert
When is Work Product Not?
John I. Spangler, III & Deborah Cazan – December 10, 2012 Introduction Construction disputes present complex issues of causation—what caused the accident, the delay or the added costs. Third-party consultants are frequently engaged to evaluate and offer opinions on causation, performance, schedules and costs. Then, when the dispute or accident ends up in litigation, the… Continue reading When is Work Product Not?
Rebuilding Post-Sandy: the Quandary Posed by FEMA’s New “Advisory Base Flood Elevations”
Thomas D. McCloskey – December 20, 2012 Executive Summary This Alert hopes to sensitize readers to the issues that are emerging in the post-Sandy rebuilding process and to urge both caution and patience when considering the finite alternatives – and funding resources – out there. We are now almost eight weeks post-Sandy. As recovery and… Continue reading Rebuilding Post-Sandy: the Quandary Posed by FEMA’s New “Advisory Base Flood Elevations”
Vendors who Performed Own Home Repairs were not Builder/Sellers to whom Exception to the Rule of Caveat Emptor Applies
Alston & Bird LLP – December 10, 2012 In Georgia, the long-standing rule in real estate purchases is caveat emptor (“let the buyer beware”). There is one exception: a negligence action against a builder/seller. A builder/seller may be held liable in negligence where a dwelling is sold containing latent defects that the builder in the… Continue reading Vendors who Performed Own Home Repairs were not Builder/Sellers to whom Exception to the Rule of Caveat Emptor Applies