David Adelstein | Florida Construction Legal Updates Can the doctrine of res judicata bar an owner’s claim against the general contractor after the owner also sued and obtained a satisfied judgment against the subcontractor when there are identical, overlapping damages pursued in separate lawsuits. A recent case says, not really. In Pickell v. Lennar Homes, LLC, 48 Fla.L.Weekly D2037a… Continue reading Res Judicata not Apply to Bar Overlapping Damages in Separate Suits Against Contractor and Subcontractor
Claire Fialcowitz and Shannon O’Malley | Zelle In most property insurance coverage litigation, the parties engage experts to elucidate the issues in the case. This is particularly true when there are multiple causes of loss, covered and not covered, that combine to cause the damage claimed. In Texas, when two causes of loss combine to… Continue reading Will Amendment to Rule 702 Affect Property Insurance Coverage Litigation?
Lindsay McCormick | Marshall Dennehey Florida Statute § 95.11 sets the statutes of limitations for numerous claims, but as it relates to construction-related professional negligence claims, there has been a dispute and uncertainty as to whether the two-year or four-year limitation provisions apply. Under Fla. Stat. § 95.11(4)(a), “an action for professional malpractice, other than… Continue reading Florida District Court Rules Four-Year Statute of Limitations Governs Construction-Based Malpractice Claims Against Design Professionals
Matthew H. Mues | Davis Wright Tremaine On September 13, 2023, the Oregon Court of Appeals (“Court”) addressed several arguments made by an insurer, Arrowood Indemnity Company (“Arrowood”), as to why it did not have a duty to defend, or why it should only defend covered claims, in environmental litigation involving the Portland Harbor Superfund… Continue reading Oregon Court of Appeals Addresses an Insurer’s Duty to Defend and Affirms “Complete Defense” Rule
Jennifer Grippa, Barry Howard and Christopher Smith | Miles Mediation & Arbitration Construction law encompasses a vast area of state and federal laws, rules, and regulations. Construction lawsuits may include issues of commercial law, contract law, employment law, environmental law, personal injury claims, property law, and regulatory claims, among others, and often involve multiple parties… Continue reading Construction Law and Alternative Dispute Resolution: A Look at Current Trends