1/28/22
By: Paul Piantino III, Esq., Kaitlyn Grajek, Esq. and Julia Bover, Esq.
On December 31, 2021, New York Governor Kathy Hochul signed into law the Comprehensive Insurance Disclosure Act, (the “Act”). It takes effect immediately and applies to …
New Year’s resolutions for design professionals: negotiate new contracts carefully
1/20/22
By: Catherine Bednar
The start of a new year is an excellent time for design professionals to review and implement measures for avoiding and minimizing their potential exposure from liability claims. Below are some key contract issues to consider as …
9/30/21
Are general contractors covered when the cost of repairing or removing a subcontractor’s defective work results in the loss of use of the tangible property which is not itself physically damaged?
The United States Court of Appeals …
Pennsylvania House of Representatives introduces anti-indemnity bill
9/23/21
By: Joshua Ferguson
The Pennsylvania House of Representatives introduced House Bill 1886, legislation amending Act 164 of 1970, which relates to Indemnification Agreements in certain contracts. Like Act 164, the bill itself appears to cover agreements between ”architects, engineers or surveyors and owners, contractors, subcontractors or suppliers.”
Beyond the …
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 …
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 …
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 …
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.…
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, …
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. …
1/28/21
By: Sean Riley
In Del. River Joint Toll Bridge Comm’n v. Sec’y Pa. Dep’t of Labor & Indus., No. 20-1898, 2021 U.S. App. LEXIS 895, at *2 (3d Cir. Jan. 12, 2021) the Third Circuit Court of Appeals recently …
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 …