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Practice Area: Construction

Southern District Of Florida Holds That Pedestrian Bridge Consultant Is Not Subject To Professional Negligence Statute Of Limitations Due To Lack Of Contractual Privity With Bridge Owner

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In March 2018, a pedestrian bridge collapsed at Florida International University (“FIU”) in Miami-Dade County, Florida. Magnum Construction Management, LLC v. WSP USA Solutions, Inc., 2021 WL 799448 (S.D. Fla. 2021). FIU had retained Plaintiff Magnum Construction Management, LLC (“Magnum”) to design and construct an elevated pedestrian bridge. Magnum contracted with FIGG Bridge Engineers, Inc….
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Mississippi Appellate Court Holds Defective Work Performed By Subcontractor Constituted Material Breach Preventing It From Recovering Alleged Acceleration Damages

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In Kanza Constr., Inc. v. Kansas City S. Railways Co., the Mississippi Court of Appeals analyzed whether the circuit court properly granted partial summary judgment when it found, as a matter of law, that a construction company was not entitled to acceleration damages on the contract it breached. 2021 WL 670993 (Miss. Ct. App. Feb….
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Florida Court Rules That General Contractor Failed To Adequately Specify The Scope Of Its Subcontract Resulting In Unexpected Payout To Subcontractor

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In Paschen v. B&B Site Development, Inc., the parties to a subcontract disagreed over the scope of work required for the project. 2021 WL 359487 (Fla. App. Ct. 2021). Plaintiff F.H. Paschen, S.N. Nielson & Associates (“Paschen”) worked as the general contractor for the United States Postal Service to perform construction work at a post…
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Florida Appellate Court Finds Setoff Award Was Relevant Consideration For Determining Prevailing Party Under Lien Enforcement Statute

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In Hayward Baker, Inc. v. Westfield Ins. Co., the Florida District Court of Appeal, Second District, reversed a lower court’s order denying a subcontractor’s motion for attorneys’ fees under Florida Statutes, Section 713.29.  2020 WL 7767859, at *1 (Fla. Dist. Ct. App. Dec. 30, 2020). The underlying case stemmed from construction of an addition to…
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United States District Court Denies General Contractor’s Summary Judgment Motion Based On Statute Of Repose Issues Due To Contractor’s Actual Knowledge Of Construction Defects And Misrepresentations Of That Knowledge

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In Bristol Southside Association, Inc. v. Meridian Construction & Development, LLC, the United States District Court for the Northern District of Alabama denied the Defendant’s Motion for Summary Judgment, which it supported by arguing the Plaintiff’s claims were barred under Alabama’s statute of repose. 2020 WL 6712270. Plaintiff Bristol Southside Association, Inc. (“Bristol”) asserted several…
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Tennessee Appellate Court Sets Low Threshold For Satisfying Notice And Opportunity To Cure Requirements For Alleged Construction Defects

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In Liberty Constr. Co., LLC v. Curry, the Tennessee Court of Appeals, Nashville Division, reversed a lower court’s holding that the owners of a commercial building failed to provide a construction company with notice and a reasonable opportunity to cure a defect it allegedly caused. 2020 WL 6158461, at *1 (Tenn. Ct. App. Oct. 21,…
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Georgia Appellate Court Finds Question Of Material Fact Regarding Whether A Materialmen’s Lien Attaches Based Upon Entity Name In Subcontract

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In Optum Construction Group, LLC et al. v. City Electric Supply Company, 2020 WL 5792581 (Ga. App. 2020), appellee City Electric Supply Company (“City Electric”) furnished materials to Palmetto Power Services, LLC (“Palmetto Services”), an entity that represented itself as a subcontractor for a hotel construction project on which appellant Optum Construction Group, LLC (“Optum”)…
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Florida Appellate Court Interprets Section 713.18, Florida Statutes, To Permit Service On Last Known Address Of Party, Despite Filing Of Notice Of Commencement Listing Differing Address

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In Fettig’s Constr., Inc. v. Paradise Properties & Interiors LLC, the Florida District Court of Appeals, Fourth District, analyzed whether absence of a notice of commencement is a prerequisite to a contractor’s ability to serve its claim of construction lien on the last known address of the party to be served pursuant to the requirements…
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Florida Appellate Court Holds Properly Perfected Claim Of Construction Lien Could Relate Back To Date Of Filing Of Notice Of Commencement That Was Not Signed By Property Owner Pursuant To 713.13(1)(G), Florida Statutes

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In Edwin Taylor Corp. v. Mortg. Elec. Registration Sys., Inc., the Florida District Court of Appeals, Third District, analyzed whether a subcontractor’s properly perfected claim of a construction lien could relate back to the date the general contractor recorded a notice of commencement that was not signed by the property owner for purposes of determining…
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Florida Appellate Court Affirms Denial Of Attorney’s Fees To A Junior Interest Holder In A Construction Lien Enforcement Action Under Section 713.29, Florida Statutes

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In Decks N Such Marine, Inc. v. Daake, the District Court of Appeal of Florida, First District, considered whether a trial court’s award of attorney’s fees to a junior interest holder in a construction lien enforcement action was proper under Section 713.29, Florida Statutes (2018). 2020 WL 2507500 (Fla. 1st Dist. Ct. App. 2020). The…
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