Matthew Marshall and Rashi Mishra | Clark Hill In the landscape of California civil litigation, few procedural devices carry the weight, complexity, and consequence of a motion for summary judgment (MSJ). Governed by California Code of Civil Procedure § 437c (which sets forth the standards and procedures for obtaining summary adjudication of claims without trial), MSJs frequently determine case… Continue reading California’s Fourth Appellate District Provides Much-Needed Clarity for Summary Judgment Motions
Florida Federal Court Makes Pivotal Ruling on Direct vs. Consequential Damages in Design Disputes
Robert Alfert, Jr., Christina Lehm, Megan Schroder and Jeremy Springhart | Nelson Mullins Riley & Scarborough In a closely watched order issued July 11, 2025, the U.S. District Court for the Middle District of Florida addressed a previously unresolved and critical question under Florida law: whether remediation costs for defective design work constitute direct damages,… Continue reading Florida Federal Court Makes Pivotal Ruling on Direct vs. Consequential Damages in Design Disputes
Florida Imposes Mandatory 1-Year Warranty on Newly Constructed Homes
Bret Feldman | Phelps Dunbar Effective July 1, Florida law will require builders of newly constructed homes to provide a mandatory 1-year warranty against material construction defects. The new statute, Section 553.837, Florida Statutes, establishes minimum warranty standards and remedies, and will have significant implications for residential builders, developers, and real estate professionals operating in Florida. The… Continue reading Florida Imposes Mandatory 1-Year Warranty on Newly Constructed Homes
With Bills Recently Passed in Washington and Texas, the “Right to Repair” State Law Thicket Continues to Grow
Gerard M. Donovan | Reed Smith A few weeks ago, Washington’s governor signed its right to repair bill into law. Texas’s right to repair bill has passed its house and senate and was sent to its governor on Monday. This continues a trend of states advancing, and several enacting, laws directed to the common goal of enabling a so-called… Continue reading With Bills Recently Passed in Washington and Texas, the “Right to Repair” State Law Thicket Continues to Grow
Talk It Out: The Importance of Effective and Consistent Communication in Construction Projects
Hannah Batsche, Ellen Chapelle and Richard Reizen | Gould + Ratner While good communication alone may not guarantee the success of a construction project, a lack of communication among the project team will almost always doom a project to failure. With so many moving parts, clear and consistent communication between the owner, contractors, architect, engineers… Continue reading Talk It Out: The Importance of Effective and Consistent Communication in Construction Projects