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 REAFFIRMS STRICT ADHERENCE TO CERTIFICATE OF MERIT REQUIREMENTS IN CASE INVOLVING ENGINEERING FIRM

Plaintiffs continue to struggle in compliance with Certificate of Merit requirements in Texas. In TRW Engineers, Inc. v. Hussion Street Buildings, LLC, 2020 WL 4457975 (Tex. Ct. App. August 4, 2020), the Texas Court of Appeals held that an engineer’s deposition testimony, which was read into the record by the plaintiff, did not obviate the need for compliance with the certificate-of-merit requirement found in Tex. Civ. Prac. & Rem. Code § 150.002, and accordingly dismissed plaintiff’s unsupported petition.

construction

GEORGIA APPELLATE COURT FINDS QUESTION OF MATERIAL FACT REGARDING WHETHER A MATERIALMEN’S LIEN ATTACHES BASED UPON ENTITY NAME IN SUBCONTRACT

In Optum Construction Group, LLC et al. v. City Electric Supply Company, 2020 WL 5792581 (Ga. App. 2020), appellee City Electric Supply Company (“City Electric”) furnished materials to Palmetto Power Services, LLC (“Palmetto Services”), an entity that represented itself as a subcontractor for a hotel construction project on which appellant Optum Construction Group, LLC (“Optum”) was the general contractor. After Palmetto Services failed to pay City Electric for the materials, City Electric sued Palmetto Services and filed a materialman's lien on the hotel and real estate (“the Property”) on which it was constructed. Optum and its surety, Fidelity and Deposit Company of Maryland (“Fidelity”), discharged the lien by filing a bond.

environmental

D.C. CIRCUIT REFUSES TO IMPOSE DEADLINE ON EPA TO SUBMIT TMDL

The United States District Court for the D.C. Circuit has denied an environmental advocacy group’s motion to reconsider the Court’s 2018 ruling giving Environmental Protection Agency’s (EPA) discretion as to how to establish a new “total maximum daily load” (“TMDL”) for trash in the Anacostia River. Plaintiff Natural Resources Defense Council (“NRDC”) argued little progress had been made since the Court’s 2018 ruling and that EPA should be required to establish a TMDL within one year.

employment

PRESIDENT TRUMP’S ORDER ON COMBATING RACE AND SEX STEREOTYPING AND HOW IT IMPACTS GOVERNMENT CONTRACTORS

President Trump recently signed Executive Order 13950, Combating Race and Sex Stereotyping (the “EO”), which seeks to “combat offensive and anti-American race and sex stereotyping and scapegoating,” and end “divisive concepts” covered in some of these workplace trainings. The EO establishes requirements aimed at “promoting unity in the Federal workforce,” by prohibiting messages in workplace trainings that imply “an individual, by virtue of their race or sex, is inherently racist, sexist or oppressive, whether consciously or unconsciously.”

securities

FINRA SEEKS COMMENT ON PROPOSED AMENDMENTS TO FINRA RULE 2165

In 2019, FINRA launched a retrospective review to assess the effectiveness and efficiency of its rules and administrative processes meant to help protect senior investors from financial exploitation. Based on feedback received during the review, FINRA is now proposing amendments to Rule 2165 regarding financial exploitation of specific adults to extend the hold period and allow temporary holds on transactions.

coverage

FLORIDA DISTRICT COURT FINDS VIRUS EXCLUSION ARGUABLY AMBIGUOUS AS APPLIED TO COVID19 BUSINESS LOSSES

The Middle District Court of Florida in Urogynecology Specialist of Florida, LLC, v. Sentinel Insurance Company, LTD., 2020 WL 5939172 (M.D. Fla. 2020) broke from many other cases in Florida and elsewhere in denying an insurer’s motion to dismiss a COVID-19 business loss claim on the grounds of a virus exclusion in the policy. The court held that the virus exclusion included in an all-risk insurance policy was “arguably ambiguous” as applied to the forced shutdown, which made a coverage determination inappropriate on a motion to dismiss. The policy, which provided coverage for “physical loss of or physical damage to Covered Property” also covered loss of business income due to necessary suspension of operations. The policy’s coverage was extended to pay for losses to the business’s accounts receivable.

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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.