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Practice Area: Construction

IN FLORIDA, THE CLAIM SPLITTING DEFENSE MUST BE RAISED AS AN AFFIRMATIVE DEFENSE FOR ACTIONS INVOLVING CONSTRUCTION DEFECTS OR THE DEFENSE IS DEEMED WAIVED

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In 951 Harbor Drive, LLC v. SD Construction, LLC, the homeowner, 951 Harbor Drive, LLC (“Plaintiff”) appealed an order of the Judicial Circuit Court of Florida which granted SD Construction, LLC, the general contractor’s (“Defendant”), Motion for Summary Judgment. 951 Harbor Drive, LLC v. SD Constr., LLC, 394 So. 3d 690 (Fla. 3d DCA 2024)….
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FLORIDA APPELLATE COURT HOLDING REINFORCES IMPORTANCE OF REFERENCING ARBITRATION IN BOND LANGUAGE

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In Anderson Serv. Corp. v. Old Republic Sur. Co., the District Court of Appeal for the Fourth District of Florida reversed a trial court’s order compelling arbitration, finding that a surety could not compel arbitration because no arbitration agreement existed between the surety and subcontractor. Andersen Service Corporation (“Anderson”) entered into a subcontract with nonparty…
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GEORGIA DISTRICT COURT HOLDS ASSIGNEE OF A BUILDING CONTRACT DOES NOT AUTOMATICALLY ASSUME THE ASSIGNOR’S CONTRACTUAL OBLIGATIONS

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In ACC Construction Co., Inc. v. Robertson-CECO II Corporation, the United States District Court for the Middle District of Georgia held that an assignee of a builder agreement did not assume the assignor’s contractual obligations and therefore could not be held liable for breach of contract, indemnity, or contribution. See 2026 WL 474866 (M.D. Ga….
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ATTORNEY’S FEES AND LIABILITY APPORTIONMENT IN THIRD‑PARTY CONSTRUCTION CLAIMS

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In Babin Builders & Development, Inc. v. Quinones, Florida’s First DCA held that apportionment of liability on claims asserted in the original complaint does not control an award of attorney’s fees on a third‑party complaint raising separate issues between the third‑party litigants. 402 So. 3d 468, 471 (Fla. 1st DCA 2025). In Babin Builders, the…
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TEXAS SUPREME COURT EXPANDS CONTRACTOR IMMUNITY ON PUBLIC ROAD PROJECTS

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In Third Coast Servs., LLC v. Castaneda, the Texas Supreme Court ruled that statutory liability protection under the Texas Civil Practice & Remedies Code, Section 97.002, can apply even when a contractor does not have a direct contract with the Texas Department of Transportation (“TxDOT”). 726 S.W.3d 201 (Tex. 2025). Section 97.002 provides: A contractor…
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FLORIDA’S 558 NOTICE: A MANDATORY STEP BEFORE CONSTRUCTION DEFECT LITIGATION

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Under Florida law, a plaintiff may not file a construction defect lawsuit without first serving a pre-litigation notice, commonly called a “558 Notice,” on the contractor, subcontractor, supplier, or design professional alleged to be responsible for the defects. See Fla. Stat. § 558.004(1)(a) (2025). If the plaintiff fails to provide this notice, the court must…
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FLORIDA’S FOURTH DISTRICT COURT OF APPEALS HOLDS DAMAGES ARE BASED ON THE DATE OF BREACH IN CONSTRUCTION DEFECTS CASE

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In Vuletic Grp. L.L.C. v. Malkin, 418 So. 3d 627, 629–31 (Fla. Dist. Ct. App. 2025), reh’g denied (Sept. 9, 2025), the Appellate Court for the Fourt District reversed a trial court award of damages calculated nearly two years after Vuletic was terminated as the homeowner’s contractor.  In 2018, Spencer and Fran Malkin (the “homeowners”)…
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CONSEQUENTIAL DAMAGES MUST BE CONTEMPLATED AT THE TIME OF CONTRACT FORMATION IN NEW YORK

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In Vermillion v. The Roofing Guys Inc., James Vermillion (“Plaintiff”) appealed an order of the Supreme Court in Onondaga County granting The Roofing Guys, Inc.’s (“Defendant”) motion to preclude testimony or evidence of consequential damages. Vermillion v. Roofing Guys, Inc., 239 A.D.3d 1336, 1336, 232 N.Y.S.3d 867 (2025). After purchasing a residence in Syracuse, Plaintiff…
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