Forever Barred? Does Sending a Pre-Suit Notice of Construction Defects Prevent Dismissal of a Lawsuit Based on the Statute of Repose

Jeffrey S. Wertman | Berger Singerman LLP | February 13, 2017 The Fifth District Court of Appeal will soon decide whether sending a pre-suit notice of construction defects under Florida’s Construction Defect Statute, Section 558, Florida Statutes, commences a construction defect action and simultaneously tolls the 10-year statute of repose. In Busch v. Lennar Homes,… Continue reading Forever Barred? Does Sending a Pre-Suit Notice of Construction Defects Prevent Dismissal of a Lawsuit Based on the Statute of Repose

Being Aggressive vs. Being Strategic

Anne Lockner | Robins Kaplan | January 11, 2017 INSTEAD, MORE CLIENTS SHOULD BE SAYING: “WE NEED TO BE STRATEGIC WITH THIS CASE.” “We need to be aggressive with this matter,” says a client who is either in litigation or in the midst of failing negotiations. All too often, what that really means is: “I’m… Continue reading Being Aggressive vs. Being Strategic

Application of Set-Off when a Defendant Settles in Multiparty Construction Dispute

David Adelstein | Florida Construction Legal Updates | December 23, 2016 The defense of set-off is an important defense in construction disputes, particularly multiparty disputes.  For more information on this defense, please check out this article as it explains the application of set-off in civil disputes in detail. The issue of set-off will come up… Continue reading Application of Set-Off when a Defendant Settles in Multiparty Construction Dispute

Pre-Litigation Requirements For Condo Associations

C. Todd Hewes | Lewis Brisbois Bisgaard & Smith LLP | November 21, 2016 When general contractors, subcontractors, and design professionals face claims or lawsuits arising from original construction or remediation of condominium projects, one of the most important—and also sometimes one of the most difficult tasks—has always been to catalog, usually by unit number,… Continue reading Pre-Litigation Requirements For Condo Associations

What Every Construction Attorney Needs to Know About Lean Construction

Janette Keiser | Keiser Group | November 11, 2016 1. What is Lean Construction? Lean Construction is about adding value to your customer through the elimination of waste and continuous improvement of your business operations. Routinely, projects are late, over-budget or fail in some way to satisfy the client. The application of Lean Construction principles… Continue reading What Every Construction Attorney Needs to Know About Lean Construction