David Adelstein | Florida Construction Legal Updates Just because you are pursuing a claim for unjust enrichment does not mean you don’t have to still prove your damages with a reasonable degree of certainty. You ABSOLUTELY do: Under Florida law, unjust enrichment damages must reflect the reasonable value of the plaintiff’s labor and costs expended for the… Continue reading Unjust Enrichment Damages Must Be Measurable And Quantifiable
Contractors’ Civil Liability Under Colorado’s Mechanics’ Lien Trust Fund Statute
Laura Martinez | Fairfield & Woods Under Colorado’s mechanics’ lien trust fund statute, CRS § 38-22-127 (trust fund statute or statute), a contractor who fails to pay its subcontractors, despite having been paid by the owner, can face criminal and civil liability. This article provides an overview of civil liability under the trust fund statute.… Continue reading Contractors’ Civil Liability Under Colorado’s Mechanics’ Lien Trust Fund Statute
How Long Is Too Long? What Statutes of Repose Mean for Your Liability Exposure
Jeffrey Bright | Offit Kurman How long are you on the hook for defects in a completed construction project? It’s a question that keeps many contractors and design professionals up at night—and for good reason. No project is flawless, and the duration of responsibility for construction or design defects depends on numerous factors, including the… Continue reading How Long Is Too Long? What Statutes of Repose Mean for Your Liability Exposure
Manifest Disregard Discarded: Fifth Circuit Limits Grounds to Vacate Arbitration Awards
John Mark Goodman and Amandeep S. Kahlon | BuildSmart “Manifest disregard of the law” is no longer a valid basis to challenge arbitration awards, at least not in the federal courts of Texas, Mississippi and Louisiana. Rather, according to the Fifth Circuit’s decision in U.S. Trinity Energy Services v. Southwest Directional Drilling, 2025 WL 1218096 (Apr.… Continue reading Manifest Disregard Discarded: Fifth Circuit Limits Grounds to Vacate Arbitration Awards
Court Weighs in on Determining “Period of Restoration”
Paul Ferland, Joshua Tumen and Tracey Jordan | Property Insurance Law Observer In Comprehensive Medical Center, Inc. v. State Farm Mutual Automobile Insurance Company, 2025 WL 416814 (9th Cir. 2025), the Ninth Circuit Court of Appeals affirmed the district court’s determination that the period of restoration tied to water damage at the insured’s commercial property was… Continue reading Court Weighs in on Determining “Period of Restoration”