Michael N. Kreitzer and Brandon P. Rose | Homebuilder Legal | April 6, 2015 The Florida Senate is following a recent national trend of tightening its laws governing construction defect claims. Currently, under FL. Stat. § 558.004, entitled Notice and Opportunity to Repair, a party claiming a construction defect must serve a notice of claim… Continue reading Requirements Tighten for Construction Defect Claims
Florida Court Extends Statutes of Limitations and Repose for Construction Defects
Under Florida law, the four year statute of limitations and the ten year statute of repose both begin to run from “the date of actual possession by the owner, the date of the issuance of a certificate of occupancy, the date of abandonment of construction if not completed, or the date of completion or… Continue reading Florida Court Extends Statutes of Limitations and Repose for Construction Defects
Bad Faith Claim for Inadequate Investigation Does Not Survive Summary Judgment
Tred Eyerly | Insurance Law Hawaii | May 18, 2015 The insured’s claim for bad faith investigation regarding their hail damage claim did not survive the insurer’s motion for summary judgment. Amarillo Hospitality Tenant, LLC v. Mass. Bay Ins. Co., 2015 U.S. Dist. LEXIS 56228 (N. D. Tex. April 29, 2015). A hailstorm caused damage to… Continue reading Bad Faith Claim for Inadequate Investigation Does Not Survive Summary Judgment
Update: Be Careful What You Ask For: Missouri Court of Appeals Also Upholds Arbitrator’s Attorneys’ Fee Award Based on AAA Construction Industry Rule 45 When Both Parties Requested an Award of Fees
Mark W. Frilot | The Dispute Resolver | May 19, 2015 In our January 15, 2015, post, linked here, we noted the decision in Lasco Inc. v. Inman Construction Corp., et al., 2015 WL 129024 (Tenn. App. 2015), in which the Tennessee Court of Appeals reversed the trial court and upheld an arbitrator’s attorneys’ fee award.… Continue reading Update: Be Careful What You Ask For: Missouri Court of Appeals Also Upholds Arbitrator’s Attorneys’ Fee Award Based on AAA Construction Industry Rule 45 When Both Parties Requested an Award of Fees
Be Careful What You Ask For: Tennessee Court of Appeals Upholds Arbitrator’s Attorneys’ Fee Award Based on AAA Construction Industry Rule 45 When Both Parties Requested an Award of Fees
Mark W. Frilot | The Dispute Resolver | January 15, 2015 In Lasco Inc. v. Inman Construction Corp., et al., 2015 WL 129024 (Tenn. App. 2015), the trial court had vacated an arbitrator’s award of attorneys’ fees in favor of the defendant general contractor and its surety, concluding that the award exceeded the arbitrator’s power. … Continue reading Be Careful What You Ask For: Tennessee Court of Appeals Upholds Arbitrator’s Attorneys’ Fee Award Based on AAA Construction Industry Rule 45 When Both Parties Requested an Award of Fees