205-967-8822 Contact

News & Insights

Practice Area: Construction

Alabama Court Holds General Contractor Need Not Pay Subcontractor When Agreement Was Illegal Even When Subcontractor Performed Work

Posted on

In Construction Services Group, LLC v. MS Electric, LLC, 2019 WL 2710115 (Ala. Civ. App. 2019), the parties entered into an agreement with the Alabama Public School and College Authority. The agreement provided that Construction Services Group, LLC (“Construction Services”) would act as the general contractor on a construction project for additions and alterations to…
Read More

Georgia Supreme Court Upholds Longstanding Acceptance Doctrine In Negligent Construction Case

Posted on

In Thomaston Acquisition, LLC v. Piedmont Construction Group, Inc., Georgia’s Supreme Court addressed the scope of the “acceptance doctrine” in negligent construction cases. 2019 WL 2332043 (Ga. 2019). Thomaston Acquisition, LLC (“Thomaston”) was the subsequent purchaser of an apartment complex and, after purchase, it discovered that the roof and HVAC system had been negligently constructed….
Read More

Middle District Of Florida Finds That The Florida Deceptive Trade And Unfair Practices Act Protects General Contractors, Not Just Consumers

Posted on

In Continental 332 Fund, LLC, et al. v. Albertelli Construction Inc., et al., the Middle District of Florida analyzed Albertelli Construction, Inc.’s (“Albertelli”) claims against third-party defendant Continental Properties Company, Inc. (“Continental”) 2019 WL 2009369 (M.D. Fla. 2019). General contractor Albertelli filed third-party claims against Continental, one of which alleged a violation of the Florida…
Read More

Supreme Court Of Alabama Finds That An Arbitrator Has Power To Determine Location Of Arbitration Proceeding Between Contractors From Different States

Posted on

In Alliance Investment Company, LLC v. Omni Construction Company, Inc., the Alabama Supreme Court was faced with analyzing who has the power to determine the location of an arbitration proceeding –the arbitrator or the Madison Circuit Court. 2019 WL 1219416 (Ala. 2019). In 2015, KPS, LLC (“Kroger”) entered into a contract (the “prime contract”) with…
Read More

Eleventh Circuit Interprets Georgia’s Prompt Pay Act

Posted on

In Fatt Katt Enterprises, Inc. v. Rigsby Construction, Inc., a dispute arose between the general contractor, Rigsby, and one of its subcontractors, Fatt Katt, over Rigsby’s failure to pay Fatt Katt amounts allegedly owed under a construction contract. 2019 WL 972043 (11th Cir. 2019). Fatt Katt asserted Rigsby violated the State of Georgia’s Prompt Pay…
Read More

Florida District Court Of Appeals Affirms That A Condominium Need Not Be Uninhabitable To Breach The Implied Warranty Of Habitability

Posted on

In D.R. Horton, Inc. v. Heron’s Landing Condo. Assn. of Jacksonville, Inc., No. 1D17-1941, 2018 WL 6803698 (Fla. Dist. Ct. App., 1st Dist. 2018), the First District Court of Appeals of Florida affirmed a Florida Circuit Court’s ruling that a breach of the implied warranty of habitability did not require a condominium to be uninhabitable….
Read More

Alabama Supreme Court Enforces Forum Selection Clause

Posted on

In Ex parte Killian Constr. Co., No. 1170696, 2018 WL 5730138, at *1 (Ala. Nov. 2, 2018), the Alabama Supreme Court issued a writ directing the lower court to dismiss the claims against Killian Construction Company (“Killian”) based on improper venue.  The Court found the forum selection clause in the parties contract was enforceable, despite…
Read More

Subcontractor Left With No Remedy Against Homeowner Based Upon Plain Language Of Texas’ Materialman’s Lien Provisions

Posted on

In Precision Roofing, Inc., Appellant v. David Zavelson & Tracy Zavelson, Appellees, No. 03-17-00550-CV, 2018 WL 5852680, at *1 (Tex. App. Nov. 9, 2018), the Texas Court of Appeals addressed the validity of a subcontractor’s materialman’s liens. In October 2014, David Zavelson—but not Tracy Zavelson—signed a contract with Cox Development Corporation to remodel and expand…
Read More

Contact

Let’s talk about what our firm can do for you.

Our locations in Birmingham and Pensacola are conveniently located for clients in the Southeast.

Get In Touch