The “New Normal” In Litigation Might Not Be That “New”

Christopher M. Wise | The Dispute Resolver The COVID-19 pandemic has nearly every industry reconsidering what “normal” actually means. And, as the pandemic continues, attorneys must adapt to the circumstances. While many courts have begun utilizing technology, none have held a virtual trial until now. In Collin County District Court, lawyers picked a jury to… Continue reading The “New Normal” In Litigation Might Not Be That “New”

Promises to Pay Sub-subcontractor Exposes General Contractor to Liability for Unjust Enrichment

Amandeep S. Kahlon | Bradley On May 14, 2020, in James G. Davis Constr. Corp. v. FTJ, Inc., the Virginia Supreme Court upheld a judgment on an unjust enrichment claim in favor of FTJ, a drywall supplier on a condominium project, against Davis, the general contractor. Notably, FTJ did not have a purchase order with Davis,… Continue reading Promises to Pay Sub-subcontractor Exposes General Contractor to Liability for Unjust Enrichment

A Glimpse Into Post-Judgment Collections and Perhaps the Near Future?

Garret Murai | California Construction Law Blog According to a recent study conducted by the Harvard University, the University of Chicago, and the University of Illinois, more than 100,000 small businesses (firms with fewer than 500 employees) representing 2% of small businesses in the America have closed their doors permanently due to the coronavirus. The next case,… Continue reading A Glimpse Into Post-Judgment Collections and Perhaps the Near Future?

Starting July 1, 2020 General Contractors are “Employers” for All Workers on Their Jobsite

Christopher G. Hill | Construction Law Musings I have discussed the impactful legislation to the Virginia construction industry in prior posts here at Construction Law Musings.  One of those statutes that will take effect on July 1, 2020 will fundamentally change the relationships between general contractors and their subcontractors and suppliers. Senate Bill 838 does the following on… Continue reading Starting July 1, 2020 General Contractors are “Employers” for All Workers on Their Jobsite

Not so Fast – Florida’s Legislature Overrules Gindel’s Pre-Suit Notice/Tolling Decision Related to the Construction Defect Statute of Repose

Rahul Gogineni | White and Williams As discussed in a prior blog post, in Gindel v. Centex Homes, 2018 Fla.App. LEXIS 13019, Florida’s Fourth District Court of Appeal held that when the plaintiffs provided a pre-suit notice in compliance with §558.004 of Florida’s construction defect Right-to-Cure statute, Fla. Stat. §§ 558.001 to 558.005, et. seq., they commenced… Continue reading Not so Fast – Florida’s Legislature Overrules Gindel’s Pre-Suit Notice/Tolling Decision Related to the Construction Defect Statute of Repose