David Adelstein | Florida Construction Legal Updates In prior articles I have discussed that courts apply the significant issues test to determine the prevailing party for purposes of being entitled to attorney’s fees. A party that recovers an affirmative judgement is NOT the de facto prevailing party for purposes of an entitlement to attorney’s fees in a breach of contract… Continue reading Quick Note: Discretion in Determining Prevailing Party for Purposes of Attorney’s Fees
Month: February 2021
New FAA Drone Rules Clear the Path for Use in Development and Construction
Virginia Trunkes | Robinson and Cole As was recently reported in Robinson+Cole’s Data Privacy + Cybersecurity Insider, the Federal Aviation Administration (FAA) issued two Final Rules for unmanned aircraft systems (UAS), i.e., drones: (1) requiring Remote Identification (Remote ID Rule), and (2) authorizing small UAS (weighing less than 55 pounds) to fly over people and at… Continue reading New FAA Drone Rules Clear the Path for Use in Development and Construction
Claim Against Broker Survives Motion to Dismiss
Tred R. Eyerly | Insurance Law Hawaii The insured’s complaint against its broker for failure to secure adequate coverage survived a motion to dismiss. Broecker v. Conklin Prop., LLC, 2020 N.Y. App. Div. LEXIS 7399 (Dec. 2, 2020). Conklin Property, LLC purchased real property and entered into a contract with JJC Contracting,… Continue reading Claim Against Broker Survives Motion to Dismiss
Govt’s Failure to Grant REA Can Constitute Breach of Contract
Aron C. Beezley and Sarah Sutton Osborne | Buildsmart The U.S. Court of Appeals for the Federal Circuit, in BGT Holdings LLC v. United States, recently held that the government does not have the discretion to deny a contractor’s request for equitable adjustment (REA) under Federal Acquisition Regulation (FAR) 52.245-1 (Government Property) where the conditions specified… Continue reading Govt’s Failure to Grant REA Can Constitute Breach of Contract
Two Wrongs Don’t Make a Right: Unlicensed Contractors Can Pursue Designers for Negligence
Anna-Bryce Hobson and Brian M. Rowlson | Buildsmart The North Carolina Court of Appeals recently determined that a builder who fails to comply with state licensing requirements may still pursue a negligence claim against design professionals. In Wright Construction Services, Inc. v. The Hard Art Studio, PLLC, the owner contracted with architecture firm Olive Architecture to… Continue reading Two Wrongs Don’t Make a Right: Unlicensed Contractors Can Pursue Designers for Negligence