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Practice Area: Construction

Eleventh Circuit Court Of Appeals Affirms Trial Court’s Interpretation Of What Constitutes Acceptance For Statute Of Limitations Purposes For Actions On Payment Bonds

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In Devin B. Strickland v. Arch Insurance Company, No. 17-10610, 2018 WL 327443 (11th Cir. Jan. 9, 2018), the Eleventh Circuit Court of Appeals affirmed the District Court’s determination that Strickland’s claim against the bond surety was time-barred due to his waiting more than one year after the completion of the contract and the acceptance…
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Third District Court Of Appeal Of Florida Holds That Parties Are Able To Include A Provsion In A Contract Which Precludes Third Party Beneficiary Status

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In Perez-Gurri Corp. v. McLeod, No. 3D15-2590, 2017 WL 5616924, at *1 (Fla. Dist. Ct. App. Nov. 22, 2017), the District Court of Appeal of Florida, Third District, overturned a trial court’s decision to preclude a general contractor from seeking delay damages on the basis that the subcontractors were not intended third-party beneficiaries of the…
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Eleventh Circuit Court Of Appeals Affirms Necessity To Include Specific Timeframe In Contract In Order To Properly Extend Indemnity And Defense Obligations Beyond Seven Year Statute Of Repose For Any Claim Against An Architect, Engineer, Or Builder

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In Sears, Roebuck & Co. v. Hardin Constr. Grp., Inc., 697 F. App’x 637 (11th Cir. 2017), the United States Court of Appeals for the Eleventh Circuit affirmed the United States District Court for the Southern District of Alabama’s conclusion that a specific written timeframe is necessary in order to extend Alabama’s statute of repose….
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Louisiana Federal Court, Interpreting A Construction Contract, Holds A Consequential Damages Waiver May Not Bar A Claim For Lost Profits

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In Team Contractors, L.L.C. v. Waypoint Nola, L.L.C., et al., No. CV 16-1131, 2017 WL 4366855 (E.D. La. Sept. 29, 2017), the United States District Court for the Eastern Division of Louisiana concluded that because the contract was ambiguous as to whether the type of lost profits sought in the case were considered “consequential damage”…
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Fifth District Court Of Appeal Of Florida Holds That Subcontracts Containing Merger Clauses Will Apply Retroactively To Date Work First Commences And Failure To Adequately Plead Defense Raising Failure To Comply With Condition Precedent Acts As Bar To The Otherwise Valid Defense

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In Don Facciobene, Inc. v. Hough Roofing, Inc., No. 5D15-1527, 2017 WL 3091578 (Fla. Dist. Ct. App. July 21, 2017), the Fifth District Court of Appeal of Florida held that although a valid merger clause in subcontract signed after the subcontract was almost completed, it applied retroactively to the date work first commenced.  However, the…
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Federal Court Holds An Alabama Subcontractor Without A Proper License Cannot Enforce Its Contract With A Roofing Supplies Distributor

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In Am. Builders & Contractors Supply Co. v. Precision Roofing & Consulting, LLC, No. 2:17CV97-WHA, 2017 WL 3431844, (M.D. Ala. Aug. 9, 2017), the United States District Court for the Middle District of Alabama dismissed a breach of contract claim filed against a distributor that provided supplies to a roofing subcontractor in light of the…
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Florida Appellate Court Finds Post-Closing Repair Work May Delay Start Of Construction Defect Statute Of Repose

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In Busch v. Lennar Homes, LLC, No. 5D16-1626, 2017 WL 1372085 (Fla. Dist. Ct. App. April 13, 2017), Florida’s Fifth District Court of Appeals found the trial court improperly dismissed the Homeowner’s complaint regarding construction defects based on the ten year statute of repose.  The Court determined the Homeowner’s complaint was not barred by the…
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New York Appellate Court Finds Contractor Not Liable For Defects When Following Owner’s Instructions Under Design Specification Contract

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In CGM Const., Inc. v. Sydor, 42 N.Y.S.3d 407 (N.Y. App. Div. 2016), the New York Supreme Court, Appellate Division for the Third Department, held a contractor was not liable for alleged inadequate work performed on the owner’s property, because the contractor followed the owner’s instructions when performing the work.  The Court found the contract…
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