David Adelstein | Florida Construction Legal Updates When you receive an expert opinion, one of the first things you are considering is whether it is worth filing a Daubert motion / challenge. A Daubert motion is a generally a pretrial motion you are using to challenge the admissibility of the expert opinion. Keep in mind this deals with the admissibility, not the credibility,… Continue reading Thinking About a Daubert Motion to Challenge an Expert Opinion?
An Update and Refresher on Retainage
Mason Rollins | Bradley Arant Boult Cummings Depending on the state, retainage often provides an owner a security interest in unpaid funds to help cover completion costs or other damages that may later occur by withholding a certain portion (typically 5-10%) of contract funds from downstream contractors. Retainage also incentivizes the downstream contractors to timely… Continue reading An Update and Refresher on Retainage
When the Project Goes Wrong: Thinking Twice About Using Transactional Counsel as Disputes Counsel and Other Advice for Choosing Disputes Counsel
Quinn Emanuel Urquhart & Sullivan As everyone in the construction industry knows only too well, most construction projects end up in dispute. A major construction project which is not the subject of threatened or actual litigation or arbitration is a rarity. When a contentious issue arises on a construction project, whether at the project level… Continue reading When the Project Goes Wrong: Thinking Twice About Using Transactional Counsel as Disputes Counsel and Other Advice for Choosing Disputes Counsel
Court of Appeals Issues Decision Regarding Second-Tier Subcontractors and Pre-Lien Notice
Travis Colburn | Ahlers Cressman & Sleight Velazquez Framing, LLC (“Velazquez”) v. Cascadia Homes, Inc. (“Cascadia”) is a Court of Appeals, Division 2 case where the primary issue on appeal was whether a second tier subcontractor was required to provide pre-lien notice under RCW 60.04 for its labor. The defendant, Cascadia, was the general contractor… Continue reading Court of Appeals Issues Decision Regarding Second-Tier Subcontractors and Pre-Lien Notice
General Contractors—In a Challenging Economy Beware of the Pitfalls In Subordinating Your Mechanics’ Lien Rights to an Owner’s Lender
Chance Brooks and Cary Jones | Snell & Wilmer Lenders on commercial real estate projects typically require that the general contractor subordinate its mechanics’ lien rights to the lender’s deed of trust and other financing documents in order to assure the lender that its security interests in the project will have priority over any mechanics’… Continue reading General Contractors—In a Challenging Economy Beware of the Pitfalls In Subordinating Your Mechanics’ Lien Rights to an Owner’s Lender