Arbitration in construction and design disputes can be a tempting alternative to resolving disputes outside of the traditional setting of a courtroom. However, once an arbitration award is issued, there is a high bar to be cleared should a disgruntled party move to have it vacated. Escapes! To the Shores Condo. Ass’n, Inc. v. Hoar…
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Until recently, Alabama was the only state that had yet to enact legislation ensuring that dams and reservoirs were safely constructed and maintained to protect downstream water users and upstream property owners. With the introduction of Alabama’s new Dam Safety legislation, the Alabama legislature has given professional civil engineers across the state a new role…
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On June 9, 2023, Florida Governor Ron Desantis signed legislation amending the inspection requirements for condominium buildings that reach thirty years of age and for condominiums the control of which is turned over from the ownership association to the owners themselves. See 2023 Fla. Sess. Law Serv. 203. Some of the changes directly impact inspection…
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The construction of a structure encompasses many different areas that often are not realized until a party is subject to litigation arising from the construction. Litigation can often bring to light certain warranties that attach to building materials or products that make up a newly constructed structure. Common warranties potentially impacting parties to litigation arising…
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On April 13, 2023, Governor Ron DeSantis signed into law SB 360 (Chapter 2023-22, Laws of Florida). The new Florida law affects claims against design professionals in many ways. First, Fla. Stat. §95.11(3)(c) establishes a new statute of repose for design defect claims. SB 360 leaves intact the four-year statute of limitations, but shortens the…
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Kipp Flores Architects (KFA) brought a copyright infringement lawsuit against Pradera SFR (Pradera), American Housing Ventures (AHV), and KTGY in the US District Court of the Western District of Texas. KFA alleged the unlawful distribution of its copyrighted architectural design, contending that AHV either copied KFA’s works or induced Pradera and KTGY to do so….
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On March 28, 2023, the Financial Industry Regulatory Authority (FINRA) published Regulatory Notice 23-06 addressing the “recent trend[s] in the fraudulent transfer of customer accounts through the Automated Customer Account Transfer Service (ACATS).” ACATS is an automated transfer system developed by the National Securities Clearing Corporation (NSCC). It allows eligible participants to automatically initiate, review,…
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In Pulver v. Kane, 2022 WL 17327182 (D. Nev. Nov. 29, 2022), a Federal District Court in Nevada upheld the economic loss doctrine to preclude a contractor from asserting tort claims against design professionals in suits seeking to recover solely economic losses arising from residential construction. Pulver Construction Company (“Pulver”) contracted with the homeowners to…
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The statute of repose is a powerful defense for a design or construction professional, since most provide an absolute bar to claims filed outside the repose period. Tennessee’s statute of repose was recently found to apply to contractual indemnity claims, when the United States District Court for the Middle District of Tennessee granted summary judgment…
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In Enrique Feldman and Feldman Architecture v. Florida Department of Professional Regulation, So. 3d WL 17576861, (Fla. 1d DCA 2022), the First District Court of Appeal of Florida ruled against an architect for his online marketing of design services in Florida. Enrique Feldman is an architect with thirty-five years of experience in Venezuela, but was…
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