Category: Construction & Design Professional

Design and construction litigation: Is your expert really an expert?

9/3/21

By: Samuel Gallman When determining who to use as an expert, the question often arises, “is my expert qualified to opine on the subject matter I have retained him/her for?”  When answering this question, two things must be considered.  First, whether the witness is legally qualified to testify as an expert.  Second, whether the expert is actually…

Georgia Legislature Resolves Glaring Issue with Mechanic’s Lien Law

6/11/21

By: Shaun Foley In Georgia, anyone who furnishes labor, materials, or professional services for the improvement of private property has the right to file a mechanic’s lien. Liens are especially useful for contractors who do not receive payment after work is performed because filing one provides them with a security interest in the property. This…

Forum Selection Clause Dooms Subcontractor Suit

5/28/21

By: Ben Dunlap The First Circuit Court of Appeals recently affirmed the dismissal of a subcontractor’s suit against a construction contractor, holding that the trial court correctly enforced the terms of the parties’ agreement as to where a lawsuit could be filed. The case focuses attention on an often-overlooked area of construction law contracting: the…

Contracting by Design: Understanding the Spearin Doctrine’s Effects on Express and Implied Warranties in Construction Projects

5/27/21

By: Ryan Mayo Owners, contractors, and subcontractors should be aware of the importance of detailing warranties in construction contract clauses. Failure to clearly state such warranties could result in a party’s liability for violation of implied warranties should litigation occur. Prior to the U.S. Supreme Court’s decision in United States v. Spearin, 248 U.S. 132 (1918),…

FIU Footbridge Collapse Case Dismissed as “Shotgun Complaint” Fails to Differentiate Between Defendants

3/12/21

By: Tom McCraw The US District Court for the Southern District of Florida recently dismissed a complaint without prejudice because the plaintiff failed to allege distinct conduct by the multiple defendants.  Instead, the plaintiff alleged facts concerning the defendants collectively, failing to satisfy the pleading requirements of the Federal Rules of Civil Procedure 8(a)(2) and…

California’s Expedited Procedure to Expunge Mechanic’s Liens

2/17/21

By: Ken Coronel A common, current instruction from client to lawyer: Get those mechanic’s liens off my property! In our present economic environment there are plenty of reasons why property owners need to keep their real property free of encumbrances. Unfortunately, it seems that more often than not, property owners find themselves in disputes with…

No Control, No Duty Owed

1/13/21

By: Thomas Hay In a Massachusetts trial court action, Timothy Lyons v. Phillip C. Farmer Development, Inc., Docket No. 1781-cv-01156, Freeman, Mathis & Gary, LLP prevailed on a motion for involuntary dismissal following the conclusion of the first civil bench trial held in Middlesex County Superior Court since the courts closed in March 2020 due to…

Massachusetts Statute of Repose Applies One Building At a Time

12/22/20

By: David Slocum The Massachusetts Supreme Judicial Court (the “SJC”) recently issued an important decision addressing the previously unanswered question of when the Massachusetts 6-year statute of repose for defective design, planning, or construction is triggered for purposes of alleged defects in the common areas of a multi-building, multi-phase condominium construction project. In D’Allessandro v.…

Lawfully Constructing or Lawful Construction: A Question for Another Court

11/17/20

By: Brittany Kurtz and William H. Catto The Pennsylvania Superior Court kicked the can down the road on deciding recent contentions regarding the Statute of Repose defense that many general contractors and subcontractors rightfully assert in the voluminous stucco litigation occurring throughout the country and the Commonwealth. The competing interpretations of the Statute of Repose…

Proposed Executive Order Regarding Design of Federal Buildings Stirs Up Architecture Community

10/29/20

By: Matt Foree Earlier this year, a draft Executive Order was leaked to an architectural publication and quickly spread across the architecture community. The Executive Order, entitled “Making Federal Buildings Beautiful Again,” discussed guidelines for the design of Federal buildings. The Executive Order criticized the abandonment of traditional, classical designs in favor of the adoption…