Bryan C. Jackson and Gregory Clark December 17 2012 Amendments to California’s construction indemnity statutes will go into effect on January 1, 2013. Your commercial construction contracts may need to be modified or other strategies may need to be implemented or your indemnity clauses may be held void and unenforceable. We are available to revise your commercial… Continue reading Will your Indemnity Clauses be Unenforceable on January 1, 2013?
Category: Construction Law
Defeating a Construction Lien Claim does not Always Entitle a Party to Attorney’s Fees
David A. Greene – November 29, 2012 One important aspect of Florida’s Construction Lien Law is the award to the prevailing party of its attorney’s fees. Specifically, Florida Statutes §713.29 provides as follows: In any action brought to enforce a lien or to enforce a claim against a bond under this part, the prevailing party… Continue reading Defeating a Construction Lien Claim does not Always Entitle a Party to Attorney’s Fees
When is Work Product Not?
John I. Spangler, III & Deborah Cazan – December 10, 2012 Introduction Construction disputes present complex issues of causation—what caused the accident, the delay or the added costs. Third-party consultants are frequently engaged to evaluate and offer opinions on causation, performance, schedules and costs. Then, when the dispute or accident ends up in litigation, the… Continue reading When is Work Product Not?
Vendors who Performed Own Home Repairs were not Builder/Sellers to whom Exception to the Rule of Caveat Emptor Applies
Alston & Bird LLP – December 10, 2012 In Georgia, the long-standing rule in real estate purchases is caveat emptor (“let the buyer beware”). There is one exception: a negligence action against a builder/seller. A builder/seller may be held liable in negligence where a dwelling is sold containing latent defects that the builder in the… Continue reading Vendors who Performed Own Home Repairs were not Builder/Sellers to whom Exception to the Rule of Caveat Emptor Applies
Bad Faith Litigation – Something to Avoid
C. Iglesias – December 12, 2012 “Bad Faith”…almost sounds like an oxymoron. And while the use of the word ‘rages’ to describe the prevalence of bad faith litigation against insurance carriers seems a tad…overwrought, the usage of the term ‘rages’ is correct when describing the general perspective of insureds when they are forced to engage… Continue reading Bad Faith Litigation – Something to Avoid