David Adelstein | Florida Construction Legal Updates Can the doctrine of res judicata bar an owner’s claim against the general contractor after the owner also sued and obtained a satisfied judgment against the subcontractor when there are identical, overlapping damages pursued in separate lawsuits. A recent case says, not really. In Pickell v. Lennar Homes, LLC, 48 Fla.L.Weekly D2037a… Continue reading Res Judicata not Apply to Bar Overlapping Damages in Separate Suits Against Contractor and Subcontractor
Tag: Construction Claims
Florida District Court Rules Four-Year Statute of Limitations Governs Construction-Based Malpractice Claims Against Design Professionals
Lindsay McCormick | Marshall Dennehey Florida Statute § 95.11 sets the statutes of limitations for numerous claims, but as it relates to construction-related professional negligence claims, there has been a dispute and uncertainty as to whether the two-year or four-year limitation provisions apply. Under Fla. Stat. § 95.11(4)(a), “an action for professional malpractice, other than… Continue reading Florida District Court Rules Four-Year Statute of Limitations Governs Construction-Based Malpractice Claims Against Design Professionals
Oregon Court of Appeals Addresses an Insurer’s Duty to Defend and Affirms “Complete Defense” Rule
Matthew H. Mues | Davis Wright Tremaine On September 13, 2023, the Oregon Court of Appeals (“Court”) addressed several arguments made by an insurer, Arrowood Indemnity Company (“Arrowood”), as to why it did not have a duty to defend, or why it should only defend covered claims, in environmental litigation involving the Portland Harbor Superfund… Continue reading Oregon Court of Appeals Addresses an Insurer’s Duty to Defend and Affirms “Complete Defense” Rule
Supreme Court Addresses Newly Amended Statute of Repose for Construction Claims
David R. Cook, Jr. | Construction and Procurement Blog We have been following the protracted legal battle concerning Southern States Chemical, Inc. v. Tampa Tank & Welding, Inc. This case had been litigated at the Supreme Court and resulted in legislation. In the latest round, the Supreme Court answered whether Georgia’s statute of repose for construction… Continue reading Supreme Court Addresses Newly Amended Statute of Repose for Construction Claims
YOLO: CBCA Finds that a Contractor Cannot Revive Its Expired Appeal Rights by Resubmitting a Claim
Stephen J. McBrady, Michelle D. Coleman, Amanda H. McDowell and Zariah T. Altman | Crowell & Moring On April 6, 2023, the Civilian Board of Contract Appeals (CBCA), in BES Design/Build, LLC, CBCA 7585, dismissed a contractor’s appeal for lack of jurisdiction, finding the appeal untimely, and underscoring that a contractor cannot reset the 90-day appeal… Continue reading YOLO: CBCA Finds that a Contractor Cannot Revive Its Expired Appeal Rights by Resubmitting a Claim