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 arising from the design or construction of a building or structure after the passage of…
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, Inc. v. The Architectural Studio, 866 A.23d 270, 285 (Pa. 2005). Since that time it…
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 in the face of a payment dispute or legal challenge. Our story begins in late…
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 joined a trend in several states where Owners of significant construction projects may file notices…
When it Comes to Materialmen’s Liens, it is Better to Be Safe than Sorry
3/13/17
By: Jake Carroll While every construction law practitioner should be aware of the numerous technical requirements of Georgia’s lien law, last week, the Georgia Court of Appeals sent yet another reminder that there is little room for error when it comes to deadlines in the lien statutes. In Bibler Masonry Contractors, Inc. v. J. T.…
2/13/17
By: Daniel A. Nicholson Per a January 27th ruling, the International Trade Commission (ITC) has ordered Customs to exclude “Bosch Reaxx table saws, and cartridges for those saws, from entering the United States” and issued a Cease and Desist letter to Robert Bosch Tool Corp. that Bosch must “cease and desist from conducting any of…
Eleventh Circuit Rules: Attorney’s Fees for Everyone! (Including Sureties and General Contractors)
1/31/17
By: Jake Carroll In U.S.A. f/u/b/o RMP Capital Corp. v. Turner Construction Co., et al., 2017 WL 244066 (11th Cir. 2017) (unpublished), the Court of Appeals for the Eleventh Circuit clarified a previously undecided area of law in holding that general contractors and its insurer sureties may recoup attorney’s fees under the Miller Act. In…
Changes May Be Coming for H-1B Visa Program
1/12/17
By: Timothy Holdsworth Recently, Representative Darryl Issa (R-California) re-introduced legislation that would work several significant changes to the H-1B visa program by “closing a loophole” in the current legislation. Currently, Companies must first take good faith steps to recruit and offer a position to an American worker prior to filing an H-1B application unless the…
Homebuilder Confidence Doesn’t Translate to a Homebuilding Boom
12/21/16
By: Kristian Smith Confidence doesn’t always translate to construction. A survey from the National Association of Home Builders released earlier this month showed the highest level of homebuilder confidence in 11 years. But the numbers released by the U.S. Census one day later showed home construction plummeted by 19 percent this month. These numbers do not…
Use It or Lose It: Georgia Court of Appeals Upholds Finding of Arbitration Waiver
12/12/16
By: Jake Carroll Recently, the Georgia Court of Appeals held that a party’s conduct in an original cause of action can constitute a waiver of its right to arbitrate in a renewed action. The opinion brings Georgia jurisprudence in line with related federal courts and clarifies a previously undecided area of arbitration law in Georgia,…
OSHA’s New Rule Requires Electronic Filing and Ditching the Post-Accident Drug Test
12/5/16
By: Daniel Nicholson Employers may need to rethink their onsite injury and illness policies after the Occupational Safety and Health Administration (OSHA) released a new rule titled “Improve Tracking of Workplace Injuries and Illnesses.” With the objective of improving the number and accuracy of reported workplace injuries, OSHA is now requiring that employers submit their…
A New Ruling in the SawStop vs. Bosch Lawsuit
10/24/16
By: Daniel A. Nicholson A favorable court ruling should be giving SawStop some confidence in its ongoing patent dispute with Bosch concerning the sale of Bosch’s REAXX table saws, but it doesn’t mean that REAXX customers will be left in the sawdust. On September 9, 2016, an Administrative Law Judge with the United States International…