Legal News

On May 15, 2020, in Geo-technology Associates Inc. v. Capital Station Dover, LLC, the Delaware Supreme Court dismissed an action to enforce a mechanic’s lien because the geotechnical and construction observation services provided by the plaintiff...By: Bradley Arant Boult Cummings LLP

Like most states, Florida follows the rule that an insurer’s duty to defend is separate from and broader than its duty to indemnify for a potentially covered occurrence. Last week, in South Winds Construction Corp. v. Preferred Contractors Insurance...By: Bradley Arant Boult Cummings LLP

On May 5, 2020, the Georgia Court of Appeals affirmed a trial court summary judgment ruling dismissing a residential contractor’s claims against an owner because the contractor was not properly licensed. In LFR Investments, LLC v. Van Sant, after...By: Bradley Arant Boult Cummings LLP

Construction claims often feature supporting testimony from design and/or scheduling experts, and exclusion of that testimony either by disqualification of the expert or a finding that the testimony is otherwise inadmissible can prove fatal to your...By: Bradley Arant Boult Cummings LLP

The COVID-19 pandemic swiftly eroded recent gains in the U.S. and world economies and has exposed economic and societal vulnerabilities that many believed, or at least hoped, would never come to light. There’s no doubt the virus is negatively...By: Bradley Arant Boult Cummings LLP

There have been debates for years about the pros and cons of owners withholding retainage (usually 5% or 10%, depending on each state’s retainage laws or local “industry standard”) from prime contractors. Typically, the primes will, in turn, withhold...By: Bradley Arant Boult Cummings LLP

Most construction contracts include express warranties. A contractor, subcontractor, or vendor may warrant its work or materials on a project for a period of time after the completion of its work or delivery of its materials. The parties to a...By: Bradley Arant Boult Cummings LLP

In many states, the implied warranties of workmanship and habitability automatically attach to contracts between builder-vendors and new home buyers. Builder-vendors are defined as “persons or entities engaged in constructing homes on real estate...By: Bradley Arant Boult Cummings LLP

As the coronavirus pandemic’s devastating impacts continue to evolve, governments at all levels (local, state and federal) are taking various measures to respond to the virus outbreak. Several governors and mayors have issued orders shutting down...By: Bradley Arant Boult Cummings LLP

The coronavirus disease (COVID-19) continues to dominate global headlines and markets. In the U.S., COVID-19 has prompted two governors to declare states of emergency; tragically claimed the lives of multiple U.S. residents; and has been reported in...By: Bradley Arant Boult Cummings LLP