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Practice Area: Construction

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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Fifth Circuit Addresses The Trigger For Lien Filings

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In Golden Nugget Lake Charles, LLC v. W.G. Yates & Sons Constr. Co., No. 16-30496, 2017 WL 892407 (5th Cir. Mar. 6, 2017), the Fifth Circuit Court of Appeals determined the 60-day period for general contractors to file a lien against a project owner’s property under Louisiana Private Works Act § 9:4822(B) does not begin…
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Florida Appeals Court Holds Contractor Not Liable For Playground Defects After City Failed To Give Contractor Notice And Opportunity To Cure Defects

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In Magnum Construction Management Corp. v. City of Miami Beach, No. 3D15-2239, 2016 WL 7232268 (Fla. Dist. Ct. App. Dec. 14, 2016), the Third District Court of Appeal of Florida found the City of Miami Beach was precluded from recovering damages for construction defects because it failed to provide Magnum Construction Management Corporation (“MCM”) with…
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Nevada Supreme Court Determines When A Notice Of Completion Is “Issued” For Purposes Of Commencement Of Actions Under Nrs 11.2055

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In Dykema v. Del Webb Communities, Inc., No. 69335, 2016 WL 7626184 (Nev. Dec. 29, 2016), the Nevada Supreme Court clarified when a notice of completion is “issued” under NRS 11.2055(1)(b), which establishes the date of substantial completion for statute of repose purposes.  The Court determined a notice is “issued” when it is recorded, not…
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Colorado Appellate Court Holds The Statute Of Repose For A Subcontractor Is Triggered When That Subcontractor Substantially Completes Its Own Work

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  In Sierra Pacific Industries v. Bradbury, 2016 WL 4699116 (Colo. App. September 8, 2016), the Colorado Court of Civil Appeals, Division I, upheld the district court’s entry of summary judgement in favor of a subcontractor on an indemnification claim for damages, costs and expenses related to an underlying construction defect claim brought by the condominium association…
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