Searching Content indexed under Construction & Planning by Carlton Fields ordered by Published Date Descending.
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Intentional Accidents: California Supreme Court Announces That General Commercial Liability Policies Apply To Negligent Hiring, Training, And Supervising Claims For Failing To Prevent Intentional Torts
In a recent decision, the U.S. Court of Appeals for the Ninth Circuit observed that under California law, there was an unresolved question as to whether a commercial general liability ...
United States
12 Dec 2018
Fourth DCA Rules Chapter 558 Notice Of Defect Can Constitute Commencement Of Action Giving Plaintiffs More Time To File Suit
On September 12, the Fourth District Court of Appeal ruled that a Chapter 558 notice of defect can be considered the "commencement" of a construction defect action. Robert Grindel, et al. v. Centex Homes, et al., 2018 WL 4362058.
United States
21 Sep 2018
2018 Florida Legislature Amends Construction Statute Of Limitations And Repose
The Florida Legislature has amended the construction statute of limitations and repose a second time in two years. Effective July 1 ...
United States
24 Apr 2018
Tariff On Imported Steel Will Mean Increased Construction Costs
As you probably know, President Trump recently announced a tariff on steel and aluminum imported into the United States, to take effect March 23.
United States
21 Mar 2018
Practical Steps For Contractors And Subcontractors To Take Before, During And After A Government Shutdown
It appears we may have dodged the government shutdown bullet, at least for the next couple of weeks.
United States
24 Jan 2018
Appeal it All! Guarding Against Multiple, Independent Grounds
You've identified a killer issue for appeal, no doubt a winner.
United States
4 Jan 2018
Altman Contractors V. Crum & Forster: Florida Supreme Court Answers The 11th Circuit's Certified Question In The Affirmative
In Altman Contractors, Inc. v. Crum & Forster Specialty Ins. Co., 832 F.3d 1318 (11th Cir. 2016)
United States
22 Dec 2017
Real Property, Financial Services, & Title Insurance Update: Weeks Ending November 3 & 10, 2017
Debtors not required to give lender notice and opportunity to cure violations of consumer protection statutes; lender not entitled to bona fide error defense.
United States
15 Nov 2017
Ninth Circuit Finds Incorporation Of ICC Rules Into Arbitration Agreement Constitutes Clear And Unmistakable Evidence Of Delegation Of Arbitrability To Arbitrator
The Ninth Circuit thus vacated the District Court's order, concluding that the litigation must be stayed while the tribunal determined whether PGE was required to arbitrate its claims against the Sureties.
United States
1 Aug 2017
Real Property & Title Insurance Update: Week Ending May 12, 2017
Foreclosure/Conditions Precedent: plaintiff not required to given notice under section 559.715 as condition precedent to foreclosure, and plaintiff's default notice to borrowers pursuant to paragraph 22...
United States
16 May 2017
Alleged Violations Of Florida Building Code Not Subject To Class Treatment
Two couples who own homes in central Florida attempted to bring a class action against a homebuilder, stemming from alleged violations of Florida's building code.
United States
11 May 2017
Second Circuit Finds Arbitrator Did Not Commit A Manifest Disregard Of The Law In Dispute Over Construction Work At The Whitestone Bridge
In a dispute between a construction company hired by New York State to replace a portion of the Whitestone Bridge and a steel company regarding the timeliness of certain deliveries related to the project...
United States
27 Apr 2017
Reading The Crystal Ball: Reservation Of Rights Letters Under South Carolina Law In The Wake Of Harleysville Group Insurance v. Heritage Communities, Inc., et al.
Between December 2003 and January 2004, Harleysville issued letters indicating that it was undertaking Heritage's defense subject to a reservation of rights.
United States
30 Mar 2017
Florida Supreme Court Decides That Concurrent Causes Equal Coverage
It's said that "defeat is an orphan," but insurable losses often have multiple, concurrent causes. In some cases, one or more of those causes might be outside the scope of coverage...
United States
8 Dec 2016
District Court Refuses To Bind Surety To Subcontract Arbitration Clause
An engineering company was hired to perform work in connection with construction and renovation of the South African Embassy, and subcontracted for sheet metal work with a third party.
United States
26 Oct 2016
Subcontractor Exception Torpedoes Insurers' Defense To Faulty Workmanship Claim
As this blog has reported, a line of cases deciding coverage disputes over faulty workmanship runs against (or, at least, around) a basic rule for interpreting insurance policies.
United States
21 Sep 2016
Arbitration Of §553.84 Claims Under Home Warranties
One of the most common statutory claims in construction defect litigation arises under section 553.84, Florida Statutes, for failure to comply with the Florida Building Code.
United States
4 Aug 2016
Panel Did Not Commit Manifest Disregard Of The Law When It Rejected Res Judicata Defense
A construction company appealed an order confirming an international arbitration award, which had denied the company's demand for unpaid monies against an Antiguan medical school.
United States
27 Jul 2016
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