Brian Esler | Miller Nash Washington’s construction lien statute makes clear that all lien foreclosure actions arising out of the same project should be joined into a single lawsuit. Filing a motion to intervene in a pending foreclosure lawsuit will also stay the normal eight-month deadline for filing a lien foreclosure lawsuit—at least until the motion is… Continue reading Washington Court of Appeals Confirms Contractor Can Appeal Denial of Intervention in Lien Foreclosure Suit
Florida’s New “Prompt Processing” Requirement for Construction Contract Change Orders on Public Works Projects
Brett Henson | Carlton Fields Effective July 1, 2025, Chapter 2025-140, Laws of Florida, titled an “Act Relating to Construction Regulations,” enacted House Bill 683. This bill makes several changes to Florida’s construction laws, including requirements for “prompt processing” of change orders. Prompt Processing of Change Orders Florida’s Local Government Prompt Payment Act, described in… Continue reading Florida’s New “Prompt Processing” Requirement for Construction Contract Change Orders on Public Works Projects
California’s Fourth Appellate District Provides Much-Needed Clarity for Summary Judgment Motions
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