205-967-8822 Contact

News & Insights

Practice Area: Construction

Florida Court Recognizes General Contractor’s Right To Common Law Indemnity

Posted on

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…
Read More

Contractor’s Bad Faith Claim Premised On Subcontractor Performance Bond Does Not Exist Under Alabama Law

Posted on

In Goudy Construction, Inc. v. Raks Fire Sprinkler LLC, Plaintiff Goudy Construction, Inc. (“Goudy”) served as the general contractor for a project for which Defendant Raks Fire Sprinkler LLC (“Raks”) submitted a bid to install a fire sprinkler system. 2019 WL 6841067 (N.D. Ala. 2019). Goudy accepted Raks’ bid and entered into a contractual agreement…
Read More

Court Holds That Subcontractor Cannot Recover For Unjust Enrichment From Client Owners

Posted on

The Middle District of Florida held that a client-owner was not unjustly enriched despite a subcontractor’s belief that the client-owner was undercharged by the general contractor. In Commercial Repairs and Sales, LLC v. Signet Jewelers Limited, Plaintiff Commercial Repairs and Sales, LLC (“CRS”) provided construction improvement and facility management. Defendant Signet Jewelers Limited (“Signet”) is…
Read More

Tennessee Court Of Appeals Modifies Trial Court Ruling On Fees Owed Upon Delay Issue

Posted on

In E Solutions for Buildings, LLC v. Knestrick Contractor, Inc., et al., appellant E Solutions for Buildings, LLC (“E Solutions”) challenged the trial court’s award as it related to a subcontractor’s payments owed to E Solutions. 2019 WL 5607473 (Tenn. Ct. App. 2019). The case stemmed from the construction of the Centennial Sportsplex Indoor Fitness…
Read More

Georgia Appellate Court Reinforces Contractual Waiver Of Payment Clause

Posted on

In ALA Construction Services, LLC v. Controlled Access, Inc., ALA Construction Services, LLC (“ALA Construction”) hired subcontractor Controlled Access, LLC (“Controlled Access”) to provide equipment and related services for the construction of townhomes. 2019 WL 4463305 (Ga. App. Ct. 2019). Pursuant to their written contract, Controlled Access signed two documents entitled “Interim Waiver and Release…
Read More

Middle District Of Florida Rules In Favor Of Unpaid Sub Subcontractor

Posted on

Taylor Industrial Construction v. Westfield Insurance Company involved a general contractor, subcontractor, sub-subcontractors, and a surety disputed over payment after termination of the contract. 2019 WL 3068395 (M.D. Fla. 2019). In May 2016, general contractor Slone Associates, Inc. (“Slone”) was hired to provide construction-related services and materials for the ceiling area of a WalMart Distribution…
Read More

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

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