Plaintiff not Required to File Mediation Request before Filing Suit

by Kent Holland | Feb 17, 2026 | Current Issue:, Newsletter Article

Plaintiff Healy Long & Jevin, Inc. (“Healy”), a construction subcontractor, filed a Complaint for breach of contract, unjust enrichment, negligent misrepresentation, and violation of the Pennsylvania Contractor and Subcontractor Payment Act (“CASPA”) against...

State Law Requirements for Affidavits of Merit Don’t Apply to Federal Litigation

by Kent Holland | Feb 17, 2026 | Current Issue:, Newsletter Article

Numerous states require that a plaintiff filing a medical malpractice suit must include an Affidavit of Merit with the complaint signed by an expert attesting to the merits of the suit.  Where a Delaware plaintiff filed suit in federal court, it failed to submit the...

Accounting for Tariffs in Construction Contract

by Kent Holland | Dec 16, 2025 | Newsletter Article

Written by Peter K. Buckley, Esq. Smith Currie Oles Fort Lauderdale Phone: 954.769.5326 Email: pkbuckley@smithcurrie.com pkbuckley@smithcurrie.com President Donald Trump has implemented his “America First” trade policy throughout 2025 by implementing a sweeping set of...

Homeowner’s judgment against Contractor Reversed because it failed to prove amount of its damages as of the date of the breach of contract

by Kent Holland | Dec 16, 2025 | Newsletter Article

A homeowner filed suit against the contractor that constructed its home and was awarded damages by a trial court of $425,000. That judgment was reversed on appeal with the court holding that no testimony was presented by homeowner’s expert as to the amount of the...

Waiver of Consequential Damages Contract Clause Didn’t Protect Designer Against Lawsuit for Costs of Repairing Structural Design Defects

by Kent Holland | Dec 16, 2025 | Newsletter Article

When a property owner brought a breach-of-contract action against the architectural firm it hired to serve as architect of record for a project involving design and construction of six-story hospital, it sought to recover costs of repairing multiple structural design...

Mutual Waiver of Consequential Damages Clause was not Applicable to Damages Court Found Were Cause Directly by Design Professionals Deficient Plans

by Kent Holland | Nov 13, 2025 | Newsletter Article

An architect (HKS Architects) was sued by its client (Orlando Health, Inc,) for negligent breach of contract – alleging serious design defects required immediate repairs.  HKS filed a third-party complaint against its engineer subcontractor (BBM) alleging that the Sub...