Brandon José | Lowndes Two recent Florida appellate decisions, Bandklayder Development, LLC v. Sabga, and Vuletic Group, LLC v. Malkin, have clarified and reinforced a critical principle in Florida construction law: damages for construction defect claims must be measured as of the date of breach, not the date of the expert report or the date of trial.… Continue reading Florida Construction Defect Damages: Sabga, Vuletic, and the Date of Breach
Category: Construction Claims
Out of Sight, Out of Mind: Texas Court Finds Construction Defect Claims Were Inherently Undiscoverable, Tolls Statute of Limitations
Gus Sara | White and Williams In Morningside Ministries v. Koontz McCombs Construction, Ltd., No. 08:23-00332-cv, 2025 Tex. App. Lexis 3584 (Morningside), the Court of Appeals of Texas (Court of Appeals) considered whether the plaintiff’s construction defect claims were “inherently undiscoverable,” thereby tolling the applicable limitations period under the discovery rule. The lower court granted the… Continue reading Out of Sight, Out of Mind: Texas Court Finds Construction Defect Claims Were Inherently Undiscoverable, Tolls Statute of Limitations
Is a Cure on the Way for Small Businesses Facing Construction-Related Accessibility Claims?
Ashley McLachlan and Brian Mills | Snell & Wilmer The California legislature may be providing California small businesses with another tool to combat construction-related accessibility claims through Senate Bill 84 (SB 84) which advanced to the State Assembly on June 4, 2025. Under California’s Unruh Civil Rights Act and California’s Disabled Persons Act, statutory damages… Continue reading Is a Cure on the Way for Small Businesses Facing Construction-Related Accessibility Claims?
Indemnity Lessons From Mass. Construction Defect Ruling
Christopher Sweeney | Conn Kavanaugh In Trustees of Boston University v. Clough Harbour & Associates LLP, the Massachusetts Supreme Judicial Court considered anew whether a construction defect claim tendered under the terms of a bespoke contractual indemnity provision is subject to Massachusetts’ six-year statute of repose.[1] On April 16, the court held that under the parties’ specifically negotiated… Continue reading Indemnity Lessons From Mass. Construction Defect Ruling
Proactively Addressing Potential Construction Claims
Jack Mayo | ConsensusDocs Recognizing a potential claim—whether related to delays, defective work, payment, or some other issue—often requires immediate attention to ensure that your rights are protected. This article provides a general overview of several practical considerations and proactive steps for contractors to take at the onset of a potential claim to better position… Continue reading Proactively Addressing Potential Construction Claims