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

TEXAS COURT OF APPEALS RULES ENGINEERS MAY NOT PROVIDE CERTIFICATES OF MERIT IN SUITS AGAINST ARCHITECTS

In Kayne Anderson Capital Advisors, L.P. v. Hill & Frank, Inc., 2018 WL 6613656 (Tex. Ct. App., Dec. 18, 2018), the Texas Court of Appeals held an engineer’s affidavit does not satisfy the Certificate of Merit requirement in a suit against an architect.

construction

SUBCONTRACTOR MAY BE REQUIRED TO PAY ATTORNEYS’ FEES DESPITE VERDICT IN ITS FAVOR

In United States for Use and Benefit of Cleveland Construction, Inc. v. Stellar Group, Inc., the Middle District of Georgia considered the issue of whether a contract provision allows a contractor to recover attorneys’ fees, even where that contractor did not prevail on all of its claims. 2019 WL 338887 (M.D. Ga. 2019). Stellar Group, Inc. (“Stellar”) subcontracted with Cleveland Construction, Inc. (“Cleveland”) to provide certain construction services. Following completion of those services, Cleveland brought suit against Stellar, and Stellar brought counterclaims against Cleveland.

environmental

TEXAS SUPREME COURT HOLDS JOINT VENTURE LIABILITY CAP INAPPLICABLE TO DEFENSE COSTS

On January 25, 2019, the Texas Supreme Court issued a unanimous ruling reversing the lower court’s holding regarding an insurers’ obligation to pay a significant amount of legal defense costs that resulted from its liability in the Deepwater Horizon oil spill. See Anadarko Petroleum Corp. v. Houston Casualty Co., No. 16-1013 (Tex. Jan. 25, 2019). The Court ruled that a joint-venture liability cap in an insurance policy did not limit coverage for Anadarko’s defense expenses related to the Deepwater Horizon oil spill where the provision only capped “liability”—an undefined term.

employment

ELEVENTH CIRCUIT REVERSES DISCRIMINATION CLAIM LEADING TO A FULL COURT REVIEW OF CHALLENGE TO ALABAMA LAW

After a recent Eleventh Circuit decision in Lewis v. Governor of Alabama 896 F.3d 1282 (11th Cir. 2018), the Eleventh Circuit Court of Appeals has agreed to a full-court review to decide the validity of a 2015 Alabama Law prohibiting cities or other local municipalities from adopting their own laws concerning minimum wages, leave benefits, collective bargaining and other employment related issues. The law was originally enacted in response to an ordinance by the Birmingham City Council that increased the minimum wage for all employees within the Birmingham City’s boundaries from the current federal minimum of $7.25 to $10.10. The day after this ordinance was enacted to increase the minimum wage, the Alabama Legislature enacted and the governor signed the Alabama Minimum Wage Act, voiding Birmingham’s wage increase after one day of operation.

securities

HIGHLIGHTS FROM THE FINRA 2019 RISK MONITORING AND EXAMINATION PRIORITIES LETTER

FINRA released its 2019 Risk Monitoring and Examination Priorities Letter. Compared to previous years, this Letter takes a novel approach by highlighting those topics that will be materially new areas of focus for FINRA’s risk monitoring and examination programs this year. The Letter also identifies areas of ongoing concern that FINRA will continue to review.

coverage

GEORGIA SUPREME COURT RULES IN FAVOR OF INSURER ON FAILURE TO SETTLE CLAIM

The Georgia Supreme Court granted certiorari in Hughes v. First Acceptance Ins. Co. of Ga., Inc., 343 Ga. App. 693, 808 S.E.2d 103 (2017), to review whether the Court of Appeals erred in reversing the grant of summary judgment to the insurer on the insured’s failure-to-settle claim. The Court also asked the parties to address whether an insurer’s duty to settle arises only when the injured party presents a valid offer to settle within the insured’s policy limits or whether, even absent such an offer, a duty arises when the insurer knows or reasonably should know that settlement within the insured’s policy limits is possible. The Court concluded that an insurer’s duty to settle arises only when the injured party presents a valid offer to settle within the insured’s policy limits.

We are known as lawyers,

but we’re really problem solvers.

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.