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Practice Area: Construction

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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Arbitration Provision In Unsigned Subcontract Not Enforceable, Despite Part Performance By Subcontractor, When Express Terms Of Subcontract Required Signature

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In Baker v. Rabren General Contractors, Inc., 2020 WL 12145326 (M.D. Ala. 2020), the United States District Court for the Middle District of Alabama analyzed whether an arbitration provision in an unsigned subcontract was enforceable. Defendant Rabren General Contractors, Inc. (“Rabren”) filed a Motion to Compel Arbitration in the suit brought against it by Plaintiff…
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Florida Appellate Court Affirms Discharge Of Subcontractor’s Mechanic’s Lien When Subcontractor Failed To Show Good Cause For Its Failure To Foreclose

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In Management & Consulting, Inc. v. Tech Electric, Inc., the District Court of Appeal of Florida, Third District, reviewed a lower court’s denial of a motion for discharge of a mechanic’s lien. 2020 WL 1540958 (Fla. 3d Dist. Ct. App. 2020). The Appellate Court found a subcontractor failed to comply with the requirements of section…
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Supreme Court Of Mississippi Finds That Its State Board Of Contractors Violated Procedural Due Process

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In Mississippi State Board of Contractors v. Hobbs Construction, LLC, the Supreme Court of Mississippi analyzed whether the Mississippi State Board of Contractors (“the Board”) deprived Hobbs Construction, LLC (“Hobbs”) of its procedural right to due process. 2020 WL 1081410 (Miss. 2020). The Board filed suit against Hobbs in December 2016 when Pyramid Interiors Distributors…
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Florida Court Recognizes General Contractor’s Right To Common Law Indemnity

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In Brother’s Painting & Pressure Cleaning Corp., Appellant v. Curry-Dixon Construction, LLC, et. al., Appellees, the general contractor Curry-Dixon Construction, LLC (“Curry-Dixon”) and Brother’s Painting & Pressure Cleaning Corporation (“Brother’s Painting”) were both defendants in a lawsuit involving negligence during the course of construction renovations. 2020 WL 559193 (Fla. App. Ct. 2020). Plaintiffs, owners of…
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