Changing Your Mind, for Whatever Reason – Terminating a Construction Contract for Convenience in Florida

Troy Mainzer | The Dispute Resolver Owner: “You’re FIRED!  Please remove all equipment and leave the premises.” Contractor: “You can’t do that. We signed a contract and have done everything that has been asked – we are performing ahead of schedule, under budget, and the work quality is superb.” Owner: “Yes, but another company can do it cheaper and the contract… Continue reading Changing Your Mind, for Whatever Reason – Terminating a Construction Contract for Convenience in Florida

Game Changer for Adjacent Property Owners: A Unique Way to Exert Your Rights

Sean T. Scuderi | Tarter Krinsky & Drogin Property owners who face issues concerning disruption caused by buildings on adjacent properties often don’t realize or fully utilize the real estate laws that can protect and help alleviate related disturbances and interference.  Section 881 of the Real Property Actions and Proceedings Law (RPAPL) is an effective… Continue reading Game Changer for Adjacent Property Owners: A Unique Way to Exert Your Rights

Balancing Discovery and Protecting the Attorney-Client Privilege In the Insurance Coverage Context

Meredith Schilling | Zelle A recent case out of Colorado highlights the continued attack on the attorney-client privilege during the claim adjustment process. In In re: Hill Hotel Owner, LLC v. Hanover Insurance Company, 557 P.3d 798 (Colo. Oct. 29, 2024), the District Court issued an order requiring the insurer defendant to turn over all communications between… Continue reading Balancing Discovery and Protecting the Attorney-Client Privilege In the Insurance Coverage Context

Attorneys’ Fee Amount and Multiplier Reversed by Appellate Court

Michael Packer | Marshall Dennehey The Third District Court of Appeal reversed and remanded the initial fee award entered by the trial court: $150 per hour more than plaintiff’s counsel’s contingency fee agreement and a 1.8 multiplier. The appellate court found the trial court did not make the necessary findings in the first-party property claim… Continue reading Attorneys’ Fee Amount and Multiplier Reversed by Appellate Court