Res Judicata and Collateral Estoppel Preclude New Law Suit

by Kent Holland | Mar 31, 2026 | Current Issue:, Newsletter Article

A federal district court confirmed an arbitration award in favor of homeowners over disputes concerning a cabinet and closet job for a luxury home.  The U.S. Court appeals affirmed the judgment. Res judicata and collateral estoppel figure prominently in the appeal....

Spearin Doctrine Applied to Design-Build Contract, so Government Held to Have Warranted the Plans it Provided

by Kent Holland | Mar 31, 2026 | Current Issue:, Newsletter Article

The GSA issued a solicitation for a Request for Proposals on a project. The Request for Qualifications specifiedthat GSA was using a design-build bridging project delivery method and that the bridging documents wereapproximately 30% complete. GSA awarded the contract...

Plaintiff not Required to File Mediation Request before Filing Suit

by Kent Holland | Feb 17, 2026 | 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 | 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...