Christian Dewhurst and Timothy Fandrey | Gray Reed In these unprecedented times, every bit of revenue is critical to the continued operation of nearly every business operating within the construction industry. Fortunately, there are a myriad of remedies to aide collection efforts. Perhaps the most commonly discussed remedy is the mechanic’s lien provided by Chapter 53… Continue reading Mechanic’s Liens For Design Professionals: A Powerful Payment Collection Tool
James M. Eastham | Traub Lieberman In Mt. Hawley Ins. Co. v. Harrods Eastbelt, Ltd., No. CV H-20-2405, 2020 WL 7632250 (S.D. Tex. Dec. 22, 2020), the United States District Court for the Southern District of Texas addressed a request to set the scope of an appraisal by requiring the appraisers to use a specific format… Continue reading Federal District Court Declines Invitation to Set Scope of Appraisal
John David Dickenson, Chad A. Pasternack and Alexandra Schultz | Property Insurance Law Observer In first-party breach of insurance contract actions, the parties oftentimes dispute whether the policyholder may seek damages that are not explicitly provided for in the policy, with the policyholder arguing such indirect damages flow from the alleged breach of contract. By doing so,… Continue reading A Consequential Ruling: Florida Supreme Court Rejects Recovery of Consequential Damages in First-Party Breach of Contract Actions
William E. Underwood | Jones Walker Withholding sums during a dispute can be an effective and perfectly legitimate means to protect against the harms caused by another party’s breach. However, withholding too much money during a dispute can turn a position of strength into one of weakness. “Why should I fund the other side’s… Continue reading Render Unto Caesar: Considerations for Returning Withheld Sums
Samuel B. Franck | Ward and Smith The concept and designation of the “Declarant” arise from the formation of a planned community or a condominium. When the developer declares land to restrictions described in a “Declaration” for a planned community or a condominium, that developer has the opportunity to reserve certain rights to itself as the… Continue reading Who Is The Declarant? And Why Does It Matter?