I have practiced law for 40 years with the vast majority as a “construction” lawyer. I have seen great… and bad… construction lawyering, both when representing a party and when serving over 300 times as a mediator or arbitrator in construction disputes. To be clear, I have made my share of mistakes. I learned from
Miscellaneous
Mistake No. 5 of the Top 10 Horrible, No-Good Mistakes Construction Lawyers Make: Being a Jerk to Opposing Counsel
I have practiced law for 40 years with the vast majority as a “construction” lawyer. I have seen great… and bad… construction lawyering, both when representing a party and when serving over 300 times as a mediator or arbitrator in construction disputes. To be clear, I have made my share of mistakes. I learned from…
Inside DOJ’s New Cyber-Fraud Initiative
The Department of Justice (DOJ) recently announced the launch of the Civil Cyber-Fraud Initiative, which will utilize the False Claims Act (FCA) to pursue cybersecurity-related fraud by government contractors and grant recipients. Key features of and takeaways from this new initiative are discussed below.
Key Features
- The initiative aims to hold accountable entities or individuals
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Two Wrongs Don’t Make a Right: Unlicensed Contractors Can Pursue Designers for Negligence
The North Carolina Court of Appeals recently determined that a builder who fails to comply with state licensing requirements may still pursue a negligence claim against design professionals. In Wright Construction Services, Inc. v. The Hard Art Studio, PLLC, the owner contracted with architecture firm Olive Architecture to develop plans for a mixed-use complex…
Policy Clauses, Exclusions and Endorsements: Language Matters
The Ninth Circuit Court of Appeals just reminded policyholders that while coverage exclusions are to be read narrowly, they must also be read comprehensively.
In Engineered Structures, Inc. v. Travelers Property Casualty Company of America, Engineered Structures, Inc. (ESI) obtained a builders’ risk insurance policy from Travelers Property Casualty Company of America (Travelers) to…
Suing a Design Professional in Texas? Make Sure to Include a Certificate of Merit in Your Pleading
On August 4, 2020, the Court of Appeals of Texas (First District) reversed a trial court’s denial of an engineering firm’s motion to dismiss finding that the plaintiff’s failure to attach the required certificate of merit affidavit to its petition against the engineering firm required dismissal of the petition under the plain language of Tex.…
Promises to Pay Sub-subcontractor may Expose General Contractor to Liability for Unjust Enrichment
On May 14, 2020, in James G. Davis Constr. Corp. v. FTJ, Inc., the Virginia Supreme Court upheld a judgment on an unjust enrichment claim in favor of FTJ, a drywall supplier on a condominium project, against Davis, the general contractor. Notably, FTJ did not have a purchase order with Davis, but FTJ was…
In Georgia, Rely on an Affiliate’s or Individual’s General Contractor’s License at Your Own Peril
On May 5, 2020, the Georgia Court of Appeals affirmed a trial court summary judgment ruling dismissing a residential contractor’s claims against an owner because the contractor was not properly licensed. In LFR Investments, LLC v. Van Sant, after being terminated by the property owner, a homebuilder brought claims for breach of contract and…
Recent Court Order Excluding Expert Testimony Offers Useful Reminders and Lessons for Construction Litigants
Construction claims often feature supporting testimony from design and/or scheduling experts, and exclusion of that testimony either by disqualification of the expert or a finding that the testimony is otherwise inadmissible can prove fatal to your claim or defense. States may vary in their requirements for admissibility of expert evidence, but most states follow some…
REAs & Claims – What’s the Difference?
Please join Aron Beezley and Sarah Osborne of Bradley and Bill Walter and Brad Tress of Dixon Hughes Goodman LLP on Wednesday, March 11, 2020, from 11:00 a.m. (EST) to 12:00 p.m. (EST), for a FREE webinar on the pros and cons of, key differences between, and important case-law developments regarding, requests for equitable…