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|Florida Supreme Court Limits
Application of Statute of Limitations
E. Carson Lange; Rogers Towers, P.A.;
February 18, 2015, previously published on December 3, 2014A decision issued by the Florida Supreme Court earlier this year significantly limits the protection afforded by the statute of limitations to subcontractors and the like that are brought into construction litigation as third-party defendants.
|Insurance for Defective Work Claims?In Some Cases, the New Hampshire Supreme Court says “Yes”|
David P. Ray; Bernstein Shur;
February 18, 2015, previously published on January 23, 2015The standard Commercial General Liability policy available to contractors provides insurance for property damage and personal injury claims against the contractor. All CGL policies include an exclusion for claims seeking property damage that must be “restored, repaired or replaced because...
|City of Los Angeles Delays Issuance of Demolition Permits for Most Structures More Than 45 Years Old|
Deborah M. Rosenthal; Sheppard, Mullin, Richter & Hampton LLP;
February 17, 2015, previously published on December 16, 2014Starting in January 2015, the City will not issue demolition permits for structures more than 45 years old until the applicant has conspicuously posted a demolition notice on the property, sent letters to abutting neighbors and notified the applicable City Council District Office at least 30 days...
|Supreme Court Changes Standard Of Review For Patent Claim Construction Rulings|
Ryan M. Corbett; Burr & Forman LLP;
February 17, 2015, previously published on January 23, 2015In Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc., the Supreme Court revised the standard of review used by the Federal Circuit for nearly twenty years in reviewing claim construction rulings, replacing a de novo standard with a “clearly erroneous” standard. Teva sued Sandoz for...
|New York Public Authorities Law Amended To Establish That The Time To File A Notice Of Claim Against The NYC School Construction Authority Is To Commence At "Denial" Of Claim, As Opposed To "Accrual" Of Claim|
Jose A. Aquino; Duane Morris LLP;
February 17, 2015, previously published on December 19, 2014On December 17, 2014, New York Governor Cuomo signed into law a bill to amend the New York Public Authorities Law, in relation to contractual claims and actions against the New York City School Construction Authority (“SCA”). The amendment adds an additional sentence to §1744(2) of...
|Legislature Can Amend CEQA to Expedite Construction of Sacramento Kings Arena|
Arthur Yu; Sheppard, Mullin, Richter & Hampton LLP;
February 17, 2015, previously published on December 11, 2014The NBA owns the right to acquire and relocate the Sacramento Kings if a new arena is not completed and open in downtown Sacramento by 2017. The City and the Kings have targeted an October 2016 opening to avoid this outcome. To facilitate construction, the California Legislature added Section...
|If You Build It, “The Claims” Will Likely Come: Controlling Anticipated Risks In Large Projects|
Rogers Towers P.A.;
February 16, 2015, previously published on November 19, 2014Sophisticated parties in large projects know that it is not unusual for claims of all types to occur during the course of the project. Despite everyone’s best efforts, claims for property damage, material loss and personal injury are all examples of foreseeable risks that may need to be...
|Guardrail Ends - Open and Obvious Court Ends Liability for Contractor and Engineer Based Upon Slavin Doctrine|
Rogers Towers P.A.;
February 16, 2015, previously published on November 12, 2014The Slavin Doctrine has been on the books for more than fifty years and is a favorite defense used by contractors, architects and engineers defending against personal injury and wrongful death claims. Generally, the Slavin doctrine absolves a contractor, architect or engineer from liability for...
|What Kind of License Do You Need for Design-Build Services in Florida?|
Rogers Towers P.A.;
February 16, 2015, previously published on November 5, 2014Design-build firms are not required to hold a contractor’s license in Florida. They’re also not required to have an engineer’s license. Architect’s license? Nope, they don’t have to hold that one either.
|Common Law, Conventions and Contemporary African Copyright Law|
Rosalind H. Read; Greenberg Traurig, LLP;
February 13, 2015, previously published on December 29, 2014The development of modern copyright law in Africa is largely a late 20th and early 21st century phenomenon with the respective bodies of law drawing from colonial common law, international treaties and conventions, or local statutes.