Cumis Counsel Limited: Insurer-Appointed Counsel Requires Actual Conflict of Interest
2/9/18
By: David G. Molinari
The California Third District Court of Appeals has ruled that the right to Cumis counsel, independent counsel paid by the insurer (San Diego Federal Credit Union v. Cumis Insurance Soc’y, 162 Cal. App. 3d 358 (1984))…
Georgia Court of Appeals Upholds Statute of Limitations Defense in Exterior Siding Case
1/9/18
By: Jan S. Sigman
In Georgia, a negligent construction action must be brought within four years from when the right of action accrues. The right of action accrues when the plaintiff first could have maintained the action to a successful …
12/22/17
By: Jake Carroll
Given the pace of construction in Florida over the past three decades, it should come as no surprise that the Sunshine State has a robust statutory scheme for construction defect claims. Indeed, Florida’s Construction Defects Statute, Chapter …
Professional Negligence Claim Against Georgia Design Professional Survives Economic Loss Rule
11/27/17
By: Cheryl H. Shaw
Georgia’s economic loss rule bars recovery in tort for economic losses arising from a contract. The idea behind the rule is that simple: When a dispute involves strictly economic losses, the parties should resolve their claims …
11/1/17
By: Cheryl H. Shaw
82-year old Frances Robinette died in a New Orleans nursing home four days after Hurricane Katrina struck. Robinette had been a resident of the facility for two years and suffered a host of medical issues including …
When is Engineering Required? City of Atlanta Issues New Code Interpretation
10/18/17
By: Cheryl H. Shaw
The City of Atlanta recently published its second International Residential Code interpretation of 2017, confirming that structural designs utilizing Structural Composite Lumber (SCL) must be designed and sealed by an engineer licensed to practice within the …
LOL (Limitation of Liability) Clauses in A&E Contracts: He who laughs last, laughs best
10/11/17
By: Cheryl H. Shaw
It’s no coincidence that the abbreviation for “Limitation of Liability” is LOL. That’s the reaction design professionals often get when they include an LOL clause in a contract proposal. LOL or “exculpatory” clauses limit the designer’s …
Homebuilder Defamed By Online Reviewer
8/8/17
After approximately three years of litigation, a jury in Gwinnett County, Georgia recently found that a homebuilder had been defamed by an individual’s online review of the homebuilder and awarded the plaintiffs $120,000 in damages and …
Florida Statute of Repose Clarified
8/7/17
By: S. Jake Carroll
While the statute of limitations may limit a contractor’s exposure to claims for repair or replacement of defective construction work, many states have also enacted so-called “Statutes of Repose” designed to lay to rest any actions …
Bilt-Rite but Otherwise Wrong? – How Far does Design Liability Extend in Pennsylvania?
8/4/17
By: Scott C. Hofer
It has long been held that construction design professionals and others who engage in the business of supplying information to others for pecuniary gain may be held liable if incorrect information is provided. See Bilt-Rite Contractors, …
The “City in a Forest” Only Saw the Trees: Prompt Pay Act Waiver Requires Specificity
6/8/17
The City of Atlanta v. Hogan Construction Group, LLC, A17A0520, June 7, 2017
By: Jake Carroll
A recent opinion from the Georgia Court of Appeals provides construction professionals with an excellent example of the benefits and consequences of contract drafting …
4/12/17
By: Scott C. Hofer
In a change to the Pennsylvania Mechanic’s Lien Law of 1963 the Pennsylvania Department of General Services has opened the State Construction Notices Directory, which is now online and ready to accept lien-related notices. Pennsylvania has …