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

NEW YORK ALLOWS ARCHITECT TO SEEK CONTRIBUTION FROM ENGINEER DESPITE NO EXPRESS CONTRACTUAL RELATIONSHIP

In 22 Gramercy Park, LLC v. Michael Haverland Architect, P.C., 2020 WL 4141384 (N.Y. Cty. Sup. Ct. July 20, 2020), a New York court held an architect that was sued for design defects could not seek common law indemnification from an engineer, but could seek contribution.

construction

FLORIDA APPELLATE COURT INTERPRETS SECTION 713.18, FLORIDA STATUTES, TO PERMIT SERVICE ON LAST KNOWN ADDRESS OF PARTY, DESPITE FILING OF NOTICE OF COMMENCEMENT LISTING DIFFERING ADDRESS

In Fettig's Constr., Inc. v. Paradise Properties & Interiors LLC, the Florida District Court of Appeals, Fourth District, analyzed whether absence of a notice of commencement is a prerequisite to a contractor’s ability to serve its claim of construction lien on the last known address of the party to be served pursuant to the requirements of section 713.18(3)(a), Florida Statutes (2019). 2020 WL 4667654, at *1 (Fla. Dist. Ct. App. Aug. 12, 2020). The appellate court granted the writ of certiorari brought by the Petitioner Fettig’s Construction, Inc. (“Fettig’s”), which challenged the trial court’s partial final judgment dismissing Fettig’s lien foreclosure action and discharging its recorded lis pendens and lien. The trial court’s dismissal was based on its finding that Fettig’s claim was barred by the statute of limitations because he “failed to properly serve the claim of lien or contractor's affidavit in accordance with the provisions of section 713.18, Florida Statutes (2019).”

environmental

THIRD CIRCUIT HOLDS CERCLA CONTRIBUTION CLAIMS NOT EXTINGUISHED BY STATE CLEANUP SETTLEMENT

The U.S. Court of Appeals for the Third Circuit has ruled a potentially responsible party’s (PRP) settlement with New Jersey resolving its state-law liability in connection with contamination at a municipal landfill did not protect it from third-party lawsuits seeking contribution toward expenditures made by EPA on the same site. New Jersey Department of Environmental Protection v. American Thermoplastic Corp., Nos. 18-2865 and 19-2243 (3rd Cir. September 8, 2020). The opinion highlights CERCLA § 113(f)(2), which provides “[a] party who has resolved its liability to the United States or a State in an administrative or judicially approved settlement shall not be liable for claims for contribution regarding matters addressed in the settlement.” The opinion also emphasizes CERCLA § 104 cooperative agreements in the context of settlements.

employment

NLRB ISSUES GUIDANCE ON COVID-19

The National Labor Relations Board (“NLRB”) recently addressed the issue of COVID-19 for the first time since the pandemic. The NLRB issued a series of advice memoranda instructing its regional offices to dismiss various COVID-19 related charges against employers.

securities

FINRA ISSUES GUIDANCE

FINRA recently issued Regulatory Notice 20-30 “Fraudsters Using Registered Representatives Names to Establish Imposter Websites.” The Notice warns of individuals maliciously using publicly available information regarding registered representatives in order to create “imposter websites” exhibited as the registered representative’s personal website. Through these “imposter websites,” individuals are able to collect personal information from potential customers with the likely goal of committing financial fraud.

workers compensation

PHYSICIAN REFERRALS AND PANELS OF FOUR

In Ex parte Kohler Company, Inc., 29 ALW 4-4 (2190081); 1/17/2020, the Employer, Kohler Company, Inc., (“Kohler Company”) petitioned the Alabama Supreme Court for a writ of mandamus directing the trial court to vacate its Order denying Kohler’s Motion to Vacate the Order granting the employee’s motion to provide a second opinion doctor. The Alabama Supreme Court denied Kohler’s writ of mandamus.

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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.