Jose A. Aquino | Duane Morris In Schott v. Lucatelli, decided by the New York State Supreme Court, Appellate Division, Third Department on June 12, 2025, the court addressed a dispute between two members of an extended family over the construction of a home. In 2017, the defendant asked the plaintiff to build a home, but… Continue reading Court Affirms Quantum Meruit Award in Home Construction Dispute
Timely Filed, Wrongly Rejected: Court of Appeal Reinforces Summary Judgment Rights
Haight Brown & Bonesteel In CFP BDA, LLC v. Superior Court (2025), the California Court of Appeal, Fourth Appellate District, Division Two (Riverside), issued a published opinion that clarifies a recurring procedural dilemma in civil litigation: whether trial courts may deny a timely motion for summary judgment based solely on local calendaring rules. The Court held they… Continue reading Timely Filed, Wrongly Rejected: Court of Appeal Reinforces Summary Judgment Rights
Nationwide Survey: How Stronger Building Codes Reduce Risk
Agency Forward As communities across the U.S. face increasingly frequent and severe weather events, the toll on property owners and insurers continues to grow. According to NOAA, between 2020 and 2024, the U.S. experienced 115 billion-dollar weather and climate disasters, totaling nearly $747 billion in losses. Yet despite this trend, 65% of U.S. counties, cities, and towns still lack modern building codes—leaving… Continue reading Nationwide Survey: How Stronger Building Codes Reduce Risk
Judicial Caution in Determining Liability for Withheld Payments Under Public Works Contracts
Jose A. Aquino | Duane Morris In public construction projects, disputes over payment obligations between contractors and subcontractors often depend not only on the terms of the contract but on the resolution of underlying factual questions. A recent decision from the Appellate Division, First Department in Brownie Companies of Long Island, LLC v. Volmar Construction, Inc.,… Continue reading Judicial Caution in Determining Liability for Withheld Payments Under Public Works Contracts
Colorado Supreme Court Rules There is no Exception to the Economic Loss Rule for Willful and Wanton Conduct
Michael Laszlo | Clark Hill On April 21, the Colorado Supreme Court held that there is no exception to the economic loss rule (“ELR”) for willful and wanton conduct. In Mid-Century Ins. Co., v HIVE Constr., Inc., the court drew an important distinction between intentional conduct (which is an exception the to the rule) and willful… Continue reading Colorado Supreme Court Rules There is no Exception to the Economic Loss Rule for Willful and Wanton Conduct