Tracy Thompson Vann – March 14, 2013 If you do a thesaurus search of the word “termination,” you’ll find: “extinction, annihilation, execution, slaughter, and massacre.” “Termination,” Roget’s II: The New Thesaurus, 3rd ed., Boston: Houghton Mifflin, 1995, Online Ed. (October 27, 2011). It is no wonder then, that when a contractor it told he is… Continue reading Termination for Convenience Clauses in the Private Arena: Traps every Construction Practitioner Should Know
Category: Construction
Working Without a Safety Net: can Subcontractors and Suppliers still Sue an Owner for Quantum Meruit and Unjust Enrichment in Virginia
Subcontractors and suppliers provide labor, equipment or materials on construction projects without direct contractual relationships with the project owner, the ultimate beneficiary of that work, equipment and materials. In the event of payment disputes, those subcontractors and suppliers will often look directly to the project owner, as the ultimate beneficiary, for payment. Payment may be… Continue reading Working Without a Safety Net: can Subcontractors and Suppliers still Sue an Owner for Quantum Meruit and Unjust Enrichment in Virginia
The Emperor’s New Economic Loss Rule
Peter C. Vilmos – March 28, 2013 For years, litigating breach of contract cases in Florida meant having to struggle with the array of cases dealing with the Economic Loss Rule. In its simplest form, the Economic Loss Rule is a judicially created principle that prohibits tort damages in a breach of contract action where… Continue reading The Emperor’s New Economic Loss Rule
Economic Loss Rule, 1850-2013, R.I.P.
Stan Martin – March 12, 2013 The folks who eroded the privity rule in A.R. Moyer v. Graham have now abolished the economic loss rule in Tiara Condominium Ass’n v. Marsh & McClennan. The decision, issued March 7, 2013 by the Florida Supreme Court, is blunt: “We . . . hold that the application of… Continue reading Economic Loss Rule, 1850-2013, R.I.P.
How Minor Construction Defects Can Turn Into Major Structural Problems
These condos were built in 1980, and investigated in 2003. The nominal water intrusion took 23 years to manifest itself in the form of a minor deck surface collapse which alerted the owner to investigate. Needless to say it was well beyond the ten year statuette of limitations; this was not a restoration that was… Continue reading How Minor Construction Defects Can Turn Into Major Structural Problems