Since 1989, Lloyd, Gray, Whitehead & Monroe, P.C. has steadily and consistently grown from 4 to 36 attorneys providing full-service litigation for clients throughout the Southeast. We recently added another chapter to our history, opening an office in Florida to complement our headquarters in Alabama. We continue to grow and expand our staff, but ever mindful of our belief in staying lean and efficient. We serve our clients best with effective outcomes.

NEWS + MEDIA

architects and engineers

MASSACHUSETTS SUPREME COURT RULES THAT STATUTE OF REPOSE FOR CONSTRUCTION AND DESIGN DEFECT IN MULTI-BUILDING PROJECT RAN WHEN EACH BUILDING WAS SUBSTANTIALLY COMPLETED

In D’Allessandro v. Lennar Hingham Holdings, LLC, 2020 WL 6438937 (Mass. Nov. 3, 2020), the Massachusetts Supreme Judicial Court held the statute of repose governing the claims for design and construction defects for a multi-building condominium project began to run when each building was opened for its intended use or was substantially completed, not when the first building was complete. The condominium in question consisted of twenty-eight (28) buildings built in twenty-four (24) phases between 2008 and 2015. Each building was issued a Certificate of Occupancy when the architect determined the building or units were “substantially complete.”

construction

MISSISSIPPI APPELLATE COURT HOLDS DEFECTIVE WORK PERFORMED BY SUBCONTRACTOR CONSTITUTED MATERIAL BREACH PREVENTING IT FROM RECOVERING ALLEGED ACCELERATION DAMAGES

In Kanza Constr., Inc. v. Kansas City S. Railways Co., the Mississippi Court of Appeals analyzed whether the circuit court properly granted partial summary judgment when it found, as a matter of law, that a construction company was not entitled to acceleration damages on the contract it breached. 2021 WL 670993 (Miss. Ct. App. Feb. 22, 2021).

environmental

NAVIGABLE WATERS PROTECTION RULE DOES NOT REQUIRE DISMISSAL OF CWA CASE

This Clean Water Act (CWA) case arose from the 2007 disposal of fill from Defendants’ property (containing purported wetlands) allegedly into “waters of the United States.” United States v. Acquest Transit LLC, No. 09-CV-55S, 2021 WL 809984, at *13 (W.D.N.Y. Mar. 3, 2021). The underlying issue is whether that property contained wetlands that are part of “waters of the United States” to be governed by the CWA. The CWA applies to “navigable waters” which, in turn, are defined as the “waters of the United States,” 33 U.S.C. § 1362(7).

employment

DEPARTMENT OF LABOR ISSUES GUIDANCE TO STATE UNEMPLOYMENT INSURANCE AGENCIES THAT EXPANDS ELIGIBILITY FOR PANDEMIC UNEMPLOYMENT ASSISTANCE

In response to a directive from President Biden, the U.S. Department of Labor (“DOL”) has issued guidance to state unemployment insurance agencies that expands the number of instances in which workers can be eligible for Pandemic Unemployment Assistance (“PUA”). PUA is a federally funded unemployment expansion that was adopted under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) to provide unemployment benefits for certain individuals not otherwise entitled to state benefits and unemployed for COVID-19-related reasons. The new DOL guidance reflects the Biden administration’s pledge to “ensure that unemployed Americans no longer have to choose between paying their bills and keeping themselves and their families safe from COVID-19.”

securities

HIGHLIGHTS FROM THE FINRA 2021 RISK MONITORING AND EXAMINATION PRIORITIES LETTER

On February 1, 2021, FINRA published the 2021 Report on FINRA’s Examination and Risk Monitoring Program (“2021 Report”). Annually, FINRA publishes the Report on its Examination and Risk Monitoring Program in order to provide member firms with information they can use to assess and strengthen their compliance, supervisory, and risk management programs. The Report summarizes noteworthy findings from recent examinations, outlines effective practices that FINRA observed during its oversight, and provides additional resources that may be helpful to member firms in fulfilling their compliance obligations.

coverage

APPELLATE COURTS TO HEAR BUSINESS OWNERS’ CLAIMS FOR INSURANCE COVERAGE FOR BUSINESS INTERRUPTION

This week has seen a few notable updates in the ongoing dispute regarding insurance coverage for business interruption resulting from COVID-19-related business closures, as federal and state appellate courts finally have had the opportunity to weigh in on these arguments.

On September 29, 2020 in Iowa, United States District Judge Charles R. Wolle granted with prejudice an insurer’s Motion to Dismiss an oral surgery clinic’s declaratory judgment action seeking coverage for business interruption. Oral Surgeons, P.C. v. Cincinnati Ins. Co., 491 F. Supp. 3d 455 (S.D. Iowa 2020). The plaintiff claimed its losses resulted from government orders restricting performance of “non-emergency dental procedures.” The insurer emphasized that purely economic loss is not covered; rather, the policy requires physical loss to trigger coverage.

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PRACTICE AREAS

Architects and Engineers/Design Professionals

Construction

Coverage

Employment

Environmental

Fair Housing and Public Accommodation

General Liability

Insurance Fraud/Special Investigations

Medical & Healthcare

Professional Liability

Securities

Worker's Compensation

Architects and Engineers/Design Professionals

Architects and engineers are held to a higher standard of care. When disputes arise alleging a design or engineering flaw, these professionals may be exposed to liability claims involving their livelihood, reputation and professional licensure. We recognize the level of skill and knowledge required to vigorously defend architects and engineers when they are accused of failing to meet the standard of care. We represent design professionals throughout the country.

Construction

Every construction defect dispute presents a unique set of circumstances requiring the experience and versatility our construction litigation team offers. LGWM’s Construction Practice Group includes experienced attorneys who understand the issues and complexities involving building projects.