Lee A. Weintraub – December 13, 2011 Chapter 558 Fla. Stats. is Florida’s pre-suit notice and right to cure procedure, which applies before property owners may assert a claim against a developer, contractor, subcontractor or design professional for construction and design defects. It expressly provides for “destructive testing” of the defective areas of the property via… Continue reading What Property Owners Need to Know About Destructive Testing
Category: Construction
Lien Away As It’s An Absolutely Protected Right In California – Real Estate & Construction
B. Scott Douglass and Eric C. Tausend – December 6, 2011 The California Court of Appeal recently held that the recording of a lis pendens in connection with a mechanic’s lien foreclosure action is protected by the litigation privilege and cannot support a slander of title claim, even if the underlying lien claim lacked any… Continue reading Lien Away As It’s An Absolutely Protected Right In California – Real Estate & Construction
Building Success Despite Failure
Samuel M. Starr and Kevin J. Walsh – December 5, 2011 In today’s economy, we continue to see bankruptcies occurring in the construction sector. An owner, contractor, or subcontractor in financial distress can easily delay a project — or worse, jeopardize the project in its entirety. Contractors need to understand their rights in order to… Continue reading Building Success Despite Failure
Expert Testimony by Engineer Needed to Prove Construction/Design Defect Claim, Utah Court of Appeals Rules
Carl G. Roberts and Matthew L. Moncur – December 5, 2011 The Utah Court of Appeals has ruled that expert testimony from a civil engineer was needed to establish two essential elements—breach of duty and causation—in a negligence case alleging an injury caused by a defect in design or construction. The November 25, 2011, decision… Continue reading Expert Testimony by Engineer Needed to Prove Construction/Design Defect Claim, Utah Court of Appeals Rules
Contractor Basics: Claims Recognition and Documentation
Given current economic conditions, most contractors are not in a position to simply walk away from legitimate claims for additional compensation with the expectation that the lost dollars will be recovered through the next profitable job down the road. Despite the fact that some contractors have historically been averse to making claims, limited project opportunities,… Continue reading Contractor Basics: Claims Recognition and Documentation