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|Fourth District Reverses Lower Court Ruling in Construction Defect Litigation|
John R. Clifford, Edward P. Garson, Gregory D. Hagen, Ian A. Stewart; Wilson Elser Moskowitz Edelman & Dicker LLP;
March 5, 2015, previously published on February 18, 2015On January 22, 2015, the Fourth District Court of Appeals issued for publication its decision in McMillin Companies LLC v. American Safety Indemnity Company, 4th Dist. Div. 1, D063586.
|Appellate Court Reverses Jury Award To Golf Course Contractor|
Jason R. Urbanowicz; Rogers Towers, P.A.;
March 3, 2015, previously published on January 28, 2015The Second District Court of Appeal recently reversed a jury verdict that awarded a contractor nearly $300,000 after determining that the amount had already been paid by another entity. The dispute in Tern Bay Community Development District v. Ryangolf Corporation arose from the planned development...
|Proposed Legislation to change Chapter 558|
Sanjay Kurian; Becker Poliakoff P.A.;
February 20, 2015, previously published on February 4, 2015The Legislature will be considering legislation this year to change Chapter 558, Florida Statutes. Chapter 558 is required process for any party seeking to pursue claims for construction defects. The original goal of Chapter 558 was to provide an opportunity to settle defect claims without...
|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 Jersey Creates More Difficult Independent Contractor Test for State Wage Law Purposes|
Thomas R. Bundy, Matt Gatewood, Allegra J. Lawrence-Hardy, H. Karl Zeswitz; Sutherland Asbill & Brennan LLP;
February 13, 2015, previously published on January 16, 2015On Wednesday, the Supreme Court of New Jersey articulated the test to be used in determining whether a worker is an independent contractor or employee for purposes of the state’s Wage Payment Law and Wage and Hour Law. Any company that contracts with independent contractors in New Jersey...
|Condominium Associations’ Rights are Expanded Against Developers|
James S. Singer; Rudolph Friedmann LLP;
December 26, 2014, previously published on November 20, 2014In a case of first impression, the Massachusetts Supreme Judicial Court expanded the rights of condominium associations to recover for damage for the negligent construction of common areas of a condominium development. The case is Wyman et al. v. Ayer Properties, LLC.
|When Does a ‘no damage for delay clause’ Apply? It Depends!|
Michael R. Bosse; Bernstein Shur;
December 22, 2014, previously published on November 21, 2014This summary presents two cases, one from Texas and one from Connecticut, that analyzed “no damage for delay clauses” and reached different conclusions. Like so many cases, these two claims turned on the facts present in each matter. This is just another reminder that the precise facts...
|When the “Discovery Rule” is Irrelevant|
Adam L. Gill, Jeffrey L. Hamera; Duane Morris LLP;
November 18, 2014, previously published on September 29, 2014Can the statute of limitations for a claim expire even before a project owner knows that it has a claim? This is a very real possibility if one is not careful in drafting contracts. Courts generally recognize that sophisticated business entities should be permitted to forfeit rights in contracts,...
|Failure to Comply With Prompt Pay Act Trumps Claimed Failure to Perform|
Stanley A. Martin; Duane Morris LLP;
November 17, 2014, previously published on November 3, 2014When a New Jersey public authority failed to comply with the NJ Prompt Pay Act, it was obligated to pay the contractor even though it argued the contractor’s work was defective. That was the decision of the NJ Appellate Division in the case of Aire Enterprises v. Warren County. After...
|Does Pennsylvania Law Permit Contractors and Owners to Extend the Six-Month Filing Deadline By Agreement?|
Dylan B. Spadaccino; Babst Calland;
October 9, 2014, previously published on September 18, 2014 It is not uncommon for a subcontractor, for example, to call his or her attorney regarding filing a lawsuit against the prime contractor, 13 months after the dispute arose, only to learn that buried deep within the 50 page, single spaced, 8-point font contract, lurks a clause that shortened the...