Court Reversed Summary Judgment

By Anonymous -
The Weitz Company, LLC v. MCW Acquisition, LLC, 38 Fla. L. Weekly D1472a, Case No. 3D12-1976, issued on July 3, 2013. Stating that "(T)he tail goes with the hide," the court reversed summary judgment in favor of a waterproofing contractor against a contractor's claim of defective construction. The defendant subcontractor was the assignee from the original subcontractor and had contented that the contractor could not be a third-party beneficiary under that assignment. In addition, based on the applicable de novo standard of review the appellate court determined that there was a genuine issue of material fact as to the extent of the assignee's work on the construction project such that summary judgment was not applicable.

(From RPPTL Subcommittee) 

Trenton H. Cotney
Florida Bar Certified Construction Lawyer
Trent Cotney, P.A.
1211 N Franklin St
Tampa, FL 33602

Comments

Post a Comment

Popular posts from this blog

The Dotted Line: When Contractors Can Walk Off the Job

By -
When general contractors or subcontractors sign on to construction projects, they usually start off believing everything will run smoothly. But, during the course of the work, issues sometimes arise that force all parties to go running back to their contracts in order to evaluate their options. One of those options for construction companies is to simply stop work, but contractors need to take care when making such a big decision. “Stopping work and ultimately terminating the contract is one of the most radical things you can do,” said Joseph McManus Jr., attorney and shareholder at law firm Carlton Fields.   Luckily, most of the circumstances under which contractors are clearly entitled to stop work are included in the most popular standard forms of contracts. Nonpayment The most common reason that contractors find it necessary to stop work, McManus said, is that they haven’t been paid for approved invoices. In that scenario, he said, contractors have the ...
Read more

"Mass-timber" Sees Greater Use in Roofing and Construction Projects in Europe

By -
Image
The use of "mass-timber," or prefabricated engineered wood components is becoming more common in construction and roofing applications in Europe. In projects such as the galleria roof of a central city building in Surrey, it helps meet demand for wood structures to add visual appeal. From NRCA Trenton H. Cotney Florida Bar Certified Construction Lawyer Trent Cotney, P.A. 407 N. Howard Avenue Suite 100 Tampa, FL 33606 www.trentcotney.com
Read more