Insurers May Not Be Required to Defend Contractors In a Florida §558 Proceeding
In recent holding1, the Florida Supreme Court held that an insurer may not have a duty to defend a contractor in a Florida §558 proceeding. Chapter 558 of the Florida Statutes sets forth procedural...
View ArticleA Section 558.004 Pre-Suit Notice of Defect Tolls Florida’s Ten-Year Statute...
In prior coverage of Florida’s latest construction law developments, Gordon & Rees provided insight on Florida’s detailed update to its ten-year statute of repose for construction defect claims...
View ArticleIllinois Supreme Court Limits Reach of Implied Warranty Claims Against...
In a recent decision, the Illinois Supreme Court held that a purchaser of a newly constructed home could not assert a claim for breach of the implied warranty of habitability against a subcontractor...
View ArticleUsing the Prevention Doctrine
The following scenario happens regularly in the construction industry. A contractor on a project reaches out to a subcontractor to perform work. Excited about the prospect of performing the work, the...
View ArticleNinth Circuit Rules Supreme Court’s Two-Part Test of Implied Certification...
For those contractors in the government arena, read on. The False Claims Act (“FCA”) was enacted to deter knowingly fraudulent actions by contractors which resulted in a loss of property to the...
View ArticleBiden’s Buy American Policy & What it Means for Contractors
On January 25, 2021, President Biden signed an Executive Order (EO) “Ensuring the Future is Made in All America by All of America’s Workers”, which seeks to bolster U.S. manufacturing through the...
View ArticleFederal Judge Enjoins Section of New Florida Insurance Reform Law Relating to...
On July 1, 2021, Florida’s Senate Bill 76 (“SB 76”), which modified several provisions that impact Florida’s property insurance litigation, went into effect. This bill was Florida’s latest attempt to...
View ArticleThe Connecticut Appellate Court Decides That Construction Contractor Was Not...
In United Concrete Prods. v. NJR Constr., LLC, 207 Conn. App. 551, 263 A.3d 823 (2021), the Connecticut Appellate Court has issued a decision that should be of interest to the Connecticut construction...
View ArticleConnecticut Appellate Court Confirms That Paid If Paid Clauses Remain...
In Electrical Contractors, Inc. v. 50 Morgan Hospitality Group, 212 Conn. App. 724 (2022), the Appellate Court affirmed the trial court’s finding that payment from the property owner to the general...
View ArticleContractors’ Right to Sue in Washington Requires Registration
Summary: In Washington, contractors must be properly registered in order to pursue a legal action against a customer for breach of contract. Dobson v. Archibald, a February 2022 decision by the...
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