In Lemartec Corp. v. E. Coast Metal Structures Corp., a commercial owner hired a contractor to construct a project consisting of three buildings: an office building; a molding building; and a pulping building. 2024 WL 2178312, at *1 (Fla. 4th DCA May 15, 2024). The contractor issued drawings to a subcontractor and provided three Letters…
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A common issue in Architect and Engineer cases is distinguishing between what are possible alternate designs and what are repairs to defective designs. Just because one architect or engineer would have handled a design challenge differently does not mean it was originally handled incorrectly. This distinction was recently addressed in North Carolina. In Cranes Creek,…
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On June 28, 2024, the United States Supreme Court decided Loper Bright Enterprises v. Raimondo, 144 S. Ct. 2244 (2024). The underlying controversy related to details of the Magnuson-Stevens Fishery Conservation and Management Act (“MSA”), which was implemented to prevent depletion of fishery resources off the coasts of the United States. The National Marine Fisheries…
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As of July 1, 2024, the maximum workers’ compensation payable increased to $1,130.00 per week and the minimum increased to $311.00 per week. Click here to view the Alabama Department of Labor Memo: https://www.google.com/url?sa=t&source=web&rct=j&opi=89978449&url=https://labor.alabama.gov/docs/guides/wc_weeklywage.pdf&ved=2ahUKEwj10v3XloaHAxXb18kDHZQqCqUQFnoECBMQAQ&usg=AOvVaw1TDhXT5QNv_7MuwuwNevrx
During the 2023 legislative session, the Alabama State Legislature passed Act #2023-477, significantly impacting architects, engineers, and other design professionals in the state. Introduced by State Senator Clyde Chambliss, this bill aims to protect clients who may not be familiar with professional liability insurance policies and their coverage. Signed into law on June 14, 2023,…
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On April 12, 2024, the United States District Court for the District of Columbia issued a ruling revoking the State of Florida’s permitting authority under the Clean Water Act. In Center For Biological Diversity v. Regan, the district court granted partial summary judgment in favor of the environmental group plaintiffs, holding that Florida’s Department of…
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In Luse Thermal Technologies, Inc. v. Graycor Industrial Contractors, Inc., 221 N.E.3d 701 (Ind. Ct. App. 2023), the Indiana Court of Appeals held a “no damages for delay” contractual clause barred a subcontractor from recovering damages when it accelerated its own work to account for delay caused by others. On May 17, 2018, BP entered…
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The Securities and Exchange Commission (the “SEC”) has announced settled enforcement proceedings against audit firm BF Borgers CPA PC and its owner, Benjamin F. Borgers (together, “BF Borgers”), charging them with deliberate and systemic failures to comply with Public Company Accounting Oversight Board (“PCAOB”) standards in its audits and reviews of hundreds of public companies,…
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Under the Fair Labor Standard Act (“FLSA”), overtime pay is one and one-half times an employee’s regular pay rate for every hour that is worked beyond the 40 hours in a workweek. Almost all hourly workers are automatically eligible for overtime pay; however, workers who are paid on a salary basis are only eligible for…
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FINRA recently announced a six-month suspension penalty for a broker who utilized WhatsApp to communicate with firm customers about securities-related business. These communications included obtaining authorization to buy and sell stock, discussions about account performance, and discussions related to customer complaints. During its investigation, FINRA found the communications took place between November 2020 and January…
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