Damages For Delay-An Update

Henry L. Goldberg | Moritt Hock & Hamroff | February 12, 2019 One of the most significant developments in construction law of late concerns an issue I have been actively involved in for some time. It is a coordinated, industrywide effort to eliminate “no damages for delay” clauses for public construction. As with the federal… Continue reading Damages For Delay-An Update

Can They Do That? Commonly Misused Phrases in Pleadings and Discovery

Nicholas Bauman and Lindsey Herzog | Arizona Attorney | November 2018 1  “The document speaks for itself” One commonly used phrase in answers and discovery responses is that a document “speaks for itself.” Many defense lawyers use this phrase to avoid conceding issues related to the interpretation of a writing, such as a contract. This… Continue reading Can They Do That? Commonly Misused Phrases in Pleadings and Discovery

Construction Law Practice Tip: The Discovery Rule Bar is High for Breach of Contract Claims

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

The Timeliness of Construction-Related Lawsuits – Recent Amendments to Fla. Stat. § 95.11(3)(c)

Morgan Foster | Shutts | September 20, 2018 In Florida, the allowed timeframe for bringing a lawsuit based either on a defect in the design, planning, or construction of a building or based on other improvements to real property is governed by Fla. Stat. § 95.11(3)(c).  The Florida Legislature recently passed House Bill 875, effectively… Continue reading The Timeliness of Construction-Related Lawsuits – Recent Amendments to Fla. Stat. § 95.11(3)(c)

Recent Developments in Minnesota Construction Law

Steven R. Lindemann and Nicholas Loyal | Stinson Leonard Street LLP | July 25, 2018 Rulings by the Minnesota Supreme Court and bills passed by the state legislature continue to shift the legal framework of construction practice in the state of Minnesota. Outlined below is a review of some of these new developments in Minnesota… Continue reading Recent Developments in Minnesota Construction Law