Brendan Carter | The Dispute Resolver | January 14, 2017 In Arch Insurance Company v. John Moriarty & Associates of Florida, Inc., 2016 U.S. Dist. LEXIS 172173, the U.S. District Court for the Southern District of Florida granted Summary Judgment to a surety after finding that a general contractor did not satisfy the procedural requirements… Continue reading Florida Court’s Decision Should be a Caution to General Contractors to Precisely Follow a Performance Bond Procedural Requirements
Tag: Construction Contract
Construction One-Minute Read: Litigation Challenges With Collecting Attorneys’ Fees
Randolph E. Ruff and Jonathan M. Mraunac | Ogletree Deakins | October 31, 2016 It is common knowledge among construction litigators that in order for a contractor to recover attorneys’ fees from a subcontractor, the subcontract must specifically state that attorneys’ fees are recoverable. However, in litigation, the arguments impeding a contractor’s recovery of fees… Continue reading Construction One-Minute Read: Litigation Challenges With Collecting Attorneys’ Fees
Resolving Conflicting Contract Terms
Stan Martin | Commonsense Construction Law LLC | October 4, 2016 Was one party trying to be cute, or was this simply an error not caught in the drafting process? Two inconsistent terms made it into the final contract, and then became the basis for a post-termination dispute. One term allowed the contractor to recover… Continue reading Resolving Conflicting Contract Terms
Getting the Best Numbers on Your Estimate
Eugene Peterson | Advise & Consult, Inc. | August 18, 2016 Numbers in our business are pretty important. With few exceptions our disputes center on actions which include remedies that are translated into numbers. Is there anything more terrifying than having to go to court with numbers you are uncertain of or question? It seems… Continue reading Getting the Best Numbers on Your Estimate
Tennessee Federal District Court Holds That Contractor May Pursue Both Breach of Contract Action in Federal Court and Lien Enforcement Action In State Court – Abstention Not Required
Jane Fox Lehman | Pepper Hamilton LLP | August 4, 2016 Summit Contracting Grp., Inc. v. Ashland Heights, LP, 2016 U.S. Dist. LEXIS 60662 (M.D. Tenn. May 6, 2016) Ashland Heights, LP (“Owner”) contracted with Summit Contracting Group, Inc. (“Contractor”) to construct an assisted living facility in Tennessee. After completing the project, Contractor alleged that… Continue reading Tennessee Federal District Court Holds That Contractor May Pursue Both Breach of Contract Action in Federal Court and Lien Enforcement Action In State Court – Abstention Not Required