Vincent Fernandez and William Lewis | Butler Weihmuller Katz Craig Proposals for settlement are a litigation tool highly favored by Florida courts to resolve cases. They are governed by section 768.79, Florida Statutes, and Florida Rule of Civil Procedure 1.442. Strict compliance with the governing statute and rule is key to the enforcement of a… Continue reading Timing is Everything: Changes to Florida’s ‘Proposal for Settlement’ Rule Inapplicable to Proposals Made Before the Rule Changes Became Effective
Month: September 2025
New California Law Caps Retention for Private Construction Projects
John Brucker, Scott Greer and Gregg Jacobson | King & Spalding California has enacted Senate Bill 61 (“SB-61”), a significant piece of legislation that directly impacts owners and developers of private construction projects in the state. Signed into law on July 24, 2025, SB-61 establishes a mandatory cap on retention payments for most private construction… Continue reading New California Law Caps Retention for Private Construction Projects
Colorado American Dream Act: Condominium Construction Defect Procedures
Bob Burton, Will Smith and Kristi Stotts | Winstead Colorado’s housing shortage—particularly in the for-sale condominium market—has been driven in part by the high cost and unpredictability of construction defect litigation. In 2025, the General Assembly enacted House Bill 25-1272, the Colorado American Dream Act, to address these barriers and encourage new condominium development. The… Continue reading Colorado American Dream Act: Condominium Construction Defect Procedures
Exhaustion of Remedies: Owner Defeats Subcontractor’s Unjust Enrichment Claim
John Mark Goodman | BuildSmart A federal judge in Oregon has tossed a subcontractor’s unjust enrichment or “quantum meruit” claim against the owner because the subcontractor did not first exhaust its contractual remedies against the contractor. Exhaustion of remedies is a common legal doctrine that generally requires parties to pursue relief in a particular order.… Continue reading Exhaustion of Remedies: Owner Defeats Subcontractor’s Unjust Enrichment Claim
Pause, Pay, or Proceed: Statute of Limitations and Filing Suit After the LA Wildfires
Keith A. Meyer and Kya R. Coletta | Reed Smith On January 7, 2025, wildfires raced across Los Angeles, forcing families to evacuate and leave their belongings and heirlooms behind. Many insureds promptly filed claims under their homeowners’ insurance. Some policyholders have already been paid their policy limits. Others continue to fight over sub-limits and… Continue reading Pause, Pay, or Proceed: Statute of Limitations and Filing Suit After the LA Wildfires