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Archive by tag: LLPReturn

Florida Court Awards No Compensatory Damages ... But $1 M Punitive

“Punitive damages pose an acute danger of arbitrary deprivation of property.” –Honda Motor Co. v. Oberg, 512 U.S. 415, 432 (1994) - A recent case from Florida’s 11th Circuit Court — Moore v. R.J. Reynolds, 2008-CA-000858 — demonstrates that trial...By: McGuireWoods LLP
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McGuireWoods LLP | Jun 04,2019 |

The Construction Industry, Insolvency and Directors’ Liabilities

A Singaporean construction company in liquidation has successfully sued one of its former directors for failing to act in the best interests of the company, highlighting the importance of directors being aware of, and protecting against, potential...By: White & Case LLP
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White & Case LLP | Jun 04,2019 |

The Lessor of Two Evils: Iowa Supreme Court Holds That Mechanic’s Liens Will Not Attach to the Property of a Lessor for Work Authorized by a Lessee

Winger Contr. Co. v. Cargill, Inc., No. 17-1169, 2019 BL 132092 (Iowa Apr. 12, 2019). On April 12, 2019, the Iowa Supreme Court affirmed a lower court ruling which held that, inter alia, the Iowa mechanic’s lien statute would not permit the...By: Pepper Hamilton LLP
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Pepper Hamilton LLP | May 31,2019 |

District Court in Utah Grants Summary Judgment for Contractor Against Insurance Subrogation Claim Based on Contractual Waiver Provision and Statute of Limitations

Aquatherm, LLC v. CentiMark Corp, 2019 BL 13240 (D. Utah Apr. 12, 2019) - Stag II Lindon LLC and Stag Industrial Inc. (collectively “Stag”) owned a building in Lindon, Utah. Stag contracted with CentiMark Corp. (“CentiMark”) to perform work on the...By: Pepper Hamilton LLP
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Pepper Hamilton LLP | May 31,2019 |

Insurer Not Required to Pay Twice When Contractor Cashes Jointly Payable Check Under Authority Granted in Construction Contract

In Jozefowicz v. Allstate Ins. Co. (No. G055643, filed 5/28/19), a California appeals court held that Allstate was not required to pay the insured where his contractor negotiated a jointly payable check under a lost or stolen check provision of the...By: Haight Brown & Bonesteel LLP
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Texas Legislature Passes Two Important Bills Prohibiting Waiving of Deductibles and Expanding UPPA Prohibition to all Contractors

The 86th Texas Legislative Session came to an end over the weekend. We are pleased to report that the Texas Legislature passed two very important bills that we have worked on for many months....By: Zelle LLP
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Zelle LLP | May 30,2019 |

Waivers of Subrogation Do Not Limit Third-Party Contribution Claims in Maryland

In a case of first impression, Maryland’s intermediate appellate court recently held that a subrogation waiver in an owner’s prime contractor contract does not bar a subcontractor claim for contribution against the prime contractor....By: Saul Ewing Arnstein & Lehr LLP
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What Constitutes an Emergency in Public Contracts?

In recent years, California has experienced the worst wildfires in its history, devastating the state and setting record-breaking highs. In just 2018 alone, the wildfires across California took 106 lives and burned more than 1.5 million acres of...By: Pepper Hamilton LLP
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Pepper Hamilton LLP | May 29,2019 |
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