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Conquering Construction Contract Disputes: Strategies for Construction Attorneys to Consider

When disputes arise on the job, attorneys often end up serving as the equivalent of a marriage counselor for the parties involved. We frequently try to bring an objective, practical approach when passions are rising high.
9 minute read

Daily Business Review

Is Florida Statutes Chapter 558 in Need of Another Overhaul?

Chapter 558 of the Florida Statutes was enacted by the Florida Legislature in 2003 as "an alternative method to resolve construction disputes that would reduce the need for litigation as well as protect the rights of property owners."
7 minute read

Law.com

Siemens Industry Agrees to $1M Settlement for Misrepresenting Energy Data Prior to Public Housing Renovations

"These misrepresentations also ensured that Siemens was always on the 'right side' of its guarantees (falsely reflecting cost savings) to the HHC, which ensured that Siemens would not be held responsible for failing to deliver the energy savings that it promised when it sought HUD approval," according to the plaintiffs' complaint.
3 minute read

Daily Business Review

New England's Hinckley Allen Expands Southward, Opening 7th Office in Fort Lauderdale

The Am Law 200 firm is absorbing construction-focused Ferencik Libanoff Brandt Bustamante & Goldstein.
2 minute read

New Jersey Law Journal

Federal Judge Allows Ackerman to Withdraw Representation After 'Communication Breakdown' With Client

"Movant has represented that Novella, plaintiff's principal, has been unwilling to comply with plaintiff's discovery obligations despite movant's requests that he do so," U.S. Magistrate Judge Jessica S. Allen said.
4 minute read

New York Law Journal

Notable Code and Legal Developments in 2023

A discussion of the array of new laws and amendments to existing laws passed in 2023 which will impact developers and owners of real estate in New York. The article examines the most significant developments and identifies certain potential penalties for failure to comply.
6 minute read

New Jersey Law Journal

Jury Awards $5.3 Million to Ironworker Injured in Luxury High-Rise Construction Project

"The insurance company and the lawyers hired to represent the defendant fought us tooth and nail during the five years of this litigation and through trial, where they seemingly objected to everything," said Gerald Clark of Clark Law. "This drove up our costs and time commitment in the case, but neither our firm nor our client would break and we are fully prepared to protect this verdict should the defense file an appeal."
4 minute read

New York Law Journal

New York State Legislation Limiting Withholding of Retainage on Private Construction Projects: What Does It Mean for Your Contracts?

On Nov. 17, 2023, Governor Kathy Hochul signed legislation amending New York's General Business Law Sections 756-a and 756-c, known as the Prompt Payment Act, to limit the withholding of retainage on private improvement construction projects. As a result of these amendments, close attention must be paid to contract terms and conditions during contract preparation, review or negotiation.
5 minute read

National Law Journal

Troutman Pepper Sued for Racial Discrimination by Former Associate

Gita Sankano said she was fired after complaining about a partner's "outrageously demeaning, dehumanizing, and demoralizing email."
5 minute read

New York Law Journal

Implied Covenant of Good Faith and Fair Dealing in Public Construction Projects: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "SCE Environmental Group v. Murnane Bldg. Contrs. Inc." involving three litigations arising from a public construction project commenced by the NYS Office of General Services.
14 minute read

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