Julian E. Nelser | Spilman Thomas & Battle | October 17, 2018 Destruction of evidence can be fatal in any lawsuit, but it is especially troubling in construction defect disputes. It’s always important to allow an opponent and their expert the opportunity to inspect premises and review the alleged defects. A recent Pennsylvania appellate decision… Continue reading Avoiding Spoliation of Evidence is an Ongoing Obligation
Tag: Construction Defect Disputes
Florida Supreme Court Confirms 558 is Not a Civil Proceeding, Allowing Contractors and Design Professionals to Resolve Defect Disputes as Intended by the Legislature
Brian A. Wolf and Joseph R. Young | Smith Currie & Hancock | December 14, 2017 Contractors and design professionals are entitled to notice of alleged defects in their work and the opportunity to fix them without intervention by insurance companies and needless litigation. Today, Florida’s Supreme Court in Altman Contractors, Inc. v. Crum & Forster… Continue reading Florida Supreme Court Confirms 558 is Not a Civil Proceeding, Allowing Contractors and Design Professionals to Resolve Defect Disputes as Intended by the Legislature
The Relevance and Reasonableness of Destructive Testing
David Adelstein | Florida Construction Legal Updates | August 12, 2017 Destructive testing is a routine investigatory procedure in construction defect disputes. The destructive testing is necessary to determine liability (causation), the extent of damage, and the repair protocol. Destructive testing is designed to answer numerous questions: Why did the building component fail? Was the… Continue reading The Relevance and Reasonableness of Destructive Testing