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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In Home-Owners Ins. Co. v. Black Oak Homes, LLC, No. 3:23-CV-93-TCB, 2025 WL 3190649, at *1–6 (N.D. Ga. May 21, 2025), the District Court in the Northern District of Georgia denied an insurance company’s motion for declaratory judgment that it need not defend or indemnify its insured general contractor in connection with a state court…
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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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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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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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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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In a matter of first impression, the United States Court of Appeals, Federal Circuit, has held an interested party with standing to bring a bid protest under the Tucker Act is an “actual or prospective bidder or offeror whose direct economic interest would be affected by contract award or failure to award contract, regardless of…
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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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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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In Palmetto Pointe at Peas Island Condo. Prop. Owners Ass’n, Inc. v. Island Pointe, LLC, 445 S.C. 543, 915 S.E.2d 501 (2025), the Supreme Court of South Carolina addressed the proper application of the state’s setoff doctrine when multiple defendants are found jointly and severally liable for the same injury in a construction defect case….
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