Pierre Grosdidier | Haynes and Boone LLP | November 5, 2018 Two cases from Houston appellate courts show the relatively high bar that breach of contract claims must meet to satisfy the discovery rule. The cases show that parties in the construction industry must mind the details and cede no opportunity to confirm contractual performance… Continue reading Construction Law Practice Tip: The Discovery Rule Bar is High for Breach of Contract Claims
Tag: Advise & Consult
Florida’s Fourth District Appeals Court Clarifies What Actions Satisfy Florida’s Construction Defect Statute of Repose
Rahul Gogineni | The Subrogation Strategist | October 30, 2018 In Gindel v. Centex Homes, 2018 Fla.App. LEXIS 13019, Florida’s Fourth District Court of Appeal recently concluded that the date on which the plaintiffs provided a pre-suit notice in compliance with §558.004 of Florida’s construction defect Right-to-Cure statute, Fla. Stat. §§ 558.001 to 558.005, et. seq.,… Continue reading Florida’s Fourth District Appeals Court Clarifies What Actions Satisfy Florida’s Construction Defect Statute of Repose
New Speakers Added to 4th Annual Northwest CDDC
Jeff Childs | Advise & Consult, Inc. | October 31, 2018 Due to some unfortunate health issues with two of our speakers, we have had to substitute with two new speakers and topics. David L. Mefford will address the topic of Replacement Cost Estimates vs. Reality. This course is designed to help us understand estimating, how… Continue reading New Speakers Added to 4th Annual Northwest CDDC
A Word to the Wise: The AIA Revised Contract Documents Could Lead to New and Unanticipated Risks – Part II
George Talarico | Construction Executive | September 18, 2018 Part I addressed general conditions, revised insurance terms, revisions that affect owner’s required insurance and revisions that affect contractor’s required insurance. REVISIONS THAT AFFECT DISPUTE RESOLUTION A seemingly minor but noteworthy change is to the definition of “Claim.” Under Section 15.1 a “Claim” is defined to: include… Continue reading A Word to the Wise: The AIA Revised Contract Documents Could Lead to New and Unanticipated Risks – Part II
Who Decides Arbitrability? Judge Or Arbitrator? (Again)
Mack Sperling | North Carolina Business Litigation Report | September 12, 2018 Having a client required to arbitrate a case — even though that client never signed off on an arbitration provision — is nothing new. Judge Conrad dealt with that situation late last month in Charlotte Student Housing DST v. Choate Construction Co., 2018 NCBC… Continue reading Who Decides Arbitrability? Judge Or Arbitrator? (Again)