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Recent Posts

MEASURE OF DAMAGES FOR A CHATTEL INCLUDING LOSS OF USE

Posted on 10 October, 2020
In a non-construction case, but an interesting case nonetheless, the Second District Court of Appeals talks about the measure of damages when dealing with chattel (property) including loss of use damages.  Chattel, you say?   While certainly not a word used in everyday language, a...

EQUITABLE LIEN DESIGNED TO PREVENT UNJUST ENRICHMENT

Posted on 4 October, 2020
There are instances where a party does not have construction lien rights but, nevertheless, feels the need to pursue an equitable lien against the real property. No different than a construction lien, an action to enforce an equitable lien has a one-year limitations period if it...

ECONOMIC LOSS RULE BARS CLAIMS AGAINST MANUFACTURER

Posted on 20 September, 2020
The economic loss rule lives to bar a claim against a product manufacturer in a real estate transaction.  In a products liability action, there needs to be personal injury or property damage, other than to the property itself, in order to recover economic damages. ...

CONTRACTOR’S BURDEN WHEN IT COMES TO DELAY

Posted on 13 September, 2020
When a contractor is challenging the assessment of liquidated damages, or arguing that it is entitled to extended general conditions, the contractor bears a burden of proof to establish there were excusable delays that impacted the critical path and, in certain scenarios,...

FIRST-PARTY STATUTORY BAD FAITH – 60 DAYS TO CURE MEANS 60 DAYS TO CURE

Posted on 5 September, 2020
In a first party bad-faith lawsuit, such as a bad faith claim against an insured’s property insurer, there are three requirements that must be met before the bad faith lawsuit is filed: “‘(1) determination of the insurer's liability for coverage; (2) determination of the extent of the insured's...