David Taylor | BuildSmart I have practiced law for 40 years with the vast majority as a “construction” lawyer. I have seen great… and bad… construction lawyering, both when representing a party and when serving over 300 times as a mediator or arbitrator in construction disputes. To be clear, I have made my share of… Continue reading Mistake No. 7 of the Top 10 Horrible, No-Good Mistakes Construction Lawyers Make: Not Paying Attention to Your Arbitrator or Judge During a Hearing
Tag: construction law
Merely Copying In-House Counsel Does Not Necessarily Establish Attorney-Client Privilege
Jim Archibald | BuildSmart Businesses who employ in-house attorneys frequently assume that copying their lawyer on internal communications shields the communications from discovery because of the attorney-client privilege. In 1981, the U.S. Supreme Court articulated the rule that the attorney-client privilege protects communications (a) between attorneys and clients (b) that are maintained in confidence and… Continue reading Merely Copying In-House Counsel Does Not Necessarily Establish Attorney-Client Privilege
Five Strategies to Optimize Exhibits for Remote Depositions
Esquire Deposition Services Litigators don’t always have control over the outcome-determinative evidence in their cases. Often, contracts, accident reports, photographic images, and other critical bits of evidence have in most cases already been created when the client seeks representation. These materials are the star of the show during pretrial depositions. Traditionally, deposition exhibits were shared… Continue reading Five Strategies to Optimize Exhibits for Remote Depositions
Court Separates Facts from Fiction – Lack of Supporting Project Documents Dooms Contractor
Douglas L. Patin and Sabah Petrov | BuildSmart A recent decision from the U.S. District Court for the Southern District of Florida demonstrates how facts supported by documents generated during the project can be vital to prime contractor/subcontractor disputes. In Berkley Ins. Co. v. Suffolk Constr. Co., No. 19-23059-CV, 2024 WL 3631226 (S.D. Fla. July 22,… Continue reading Court Separates Facts from Fiction – Lack of Supporting Project Documents Dooms Contractor
Defendant’s Request for Attorney’s Fees Within Its Summary Judgment Motion is Insufficient to Place Plaintiff on Notice That Defendants Are Claiming Attorney’s Fees
Carolin Pacheco | Marshall Dennehey Barnhardt Construction, LLC v. Steven C. Hildreth, et al., 31 Fla. L. Weekly Supp. 600a (Fla. 5th Cir. Ct. 2024) On February 6, 2024, the Fifth Circuit Court in Hernando County, Florida, rendered a decision regarding a prevailing defendant’s request for attorney’s fees within a motion for summary judgment. The… Continue reading Defendant’s Request for Attorney’s Fees Within Its Summary Judgment Motion is Insufficient to Place Plaintiff on Notice That Defendants Are Claiming Attorney’s Fees