Search Results (1004)
Documents on Litigation, Real Estate, Construction
Show: results per page
|Bonding Is Not Always a Positive Experience|
William W. Abbott; Abbott & Kindermann, LLP;
December 3, 2013, previously published on November 25, 2013If you were hoping for an insightful article on human relationships, you are out of luck and clearly, you are reading the wrong blog. But if you are interested in bonding as it relates to subdivisions and improvement agreements, read on. With a frequency slightly ahead of locusts appearing every...
|A Florida Court’s Inherent Power to Appoint a Receiver Over a Non-Profit Condominium Association is Not Limited to the Enumerated Categories Set Forth in the Florida Statutes|
Gavin C. Gaukroger; Berger Singerman LLP;
November 28, 2013, previously published on November 2013On October 31, 2013, the Supreme Court of Florida held that the appointment of an equitable receiver to manage the affairs of a condominium association in financial distress was within a trial court’s inherent, equitable authority. The decision in Granada Lakes Villas Condominium...
|Court Rules Database Copyright Protects Individual Photos|
Timothy J. Lockhart; Willcox & Savage, P.C.;
November 28, 2013, previously published on Fall 2013The U.S. Court of Appeals for the Fourth Circuit recently held that the copyright registration for a database containing text and photographs protects the individual photos so long as the proprietor owns their copyrights. Metropolitan Regional Information Systems, Inc. v. American Home Realty...
|Client's Obligation to Cooperate In Construction Contracts|
Catherine Dagenais, Francis Paquette-Doré; Dentons Canada LLP;
November 21, 2013, previously published on November 19, 2013In Buesco Construction Inc. v Hôpital Maisonneuve-Rosemont, 2013 QCCS 3832 (currently under appeal), the Superior Court of Québec shed some light on a client’s obligation to cooperate with the general contractor in the realization execution of a construction contract.
|Door Opening to Allow Common Negligence Claims Against Construction Professionals|
Lane Powell PC;
November 19, 2013, previously published on November 18, 2013For several years, design and construction professionals have been awaiting word from the Washington Supreme Court regarding whether aggrieved parties are limited to remedies set forth in their written contracts or whether they can pursue common law negligence claims. On November 14, the court...
|Letter Of Intent Enforceable As Settlement Where It Contained All Necessary Terms and Did Not Explicitly Reject Being Bound|
Gregory S. Emrick; Semmes, Bowen & Semmes A Professional Corporation;
November 19, 2013, previously published on November 2013Falls Garden Condominium Association, Inc. (“Falls Garden”) mistakenly believed that it owned 65 parking spaces adjacent to their building. After 23 years, Falls Garden set up parking signs indicating unauthorized vehicles would be towed. The actual lot owner, Falls Homeowners...
|Government's Annual Certification Claims Under the FCA Take a Hit in Federal Court in California in a Case Involving Individual Liability|
November 12, 2013, previously published on November 2013In a decision dated November 5, 2013, United States v. Reunion Mortgage, Inc., David Thayer and Kent Harvey, Case No. 13-02340 SBA (N.D. Ca.), a federal court rejected annual certification claims, a backbone of the Department of Justice's mortgage fraud practice in recent years, in a case involving...
|"Twenty Years" is Actually "Six Years" for Contractors and Manufacturers in North Carolina|
Mary Kathryn (Katie) King; Spilman Thomas & Battle, PLLC;
November 12, 2013, previously published on November 7, 2013This year the North Carolina Court of Appeals issued an opinion that significantly limits many construction warranties. In Christie v. Hartley Construction, Inc., et al., No. COA12-1385, the Court limited any action for damages for breach of construction-related warranties to six years, even when...
|The Second Opinion: Dispensing Equity in Quebec through In Solidum Liability|
Martin Boodman; McCarthy Tétrault LLP;
November 11, 2013, previously published on November 7, 2013In Bourque v. Poudrier, 2013 QCCA 1663, the Quebec Court of Appeal has extended the scope of in solidum liability to ensure recovery for damages resulting from professional negligence.
|Court Confirms the Limited Duty of an Insurance Broker to Procure Only Coverage Requested by the Insured|
John R. Clifford, Edward P. Garson, Ian A. Stewart; Wilson Elser Moskowitz Edelman & Dicker LLP;
November 11, 2013, previously published on November 8, 2013Recently, in San Diego Assemblers v. Work Comp for Less Insurance Services, Inc. (October 4, 2013, CA Court of Appeal, Fourth Appellate District), the court upheld the granting of summary judgment on behalf of a broker on the grounds that it breached no legal duty to its client. The court rejected...