What is a cumulative impact claim?  This is commonly referred to as the unforeseeable ripple effect of changes, i.e., the death by a thousand cuts.  Cumulative impact claims refer to a disruption on productivity based on the cumulative impact of changes and their impact on unchanged work. Cumulative impact claims...

If you execute a release in exchange for payment or other consideration, remember the language in the release means something.  THE RELEASE LANGUAGE MATTERS! And the meaning in the release may be way more than you intended so please make sure you truly digest and consider release language...

If there is a payment dispute with a construction lienor --- could be a contractor, a subcontractor, or supplier – it is possible, and more than likely, a construction lien may get recorded against real property. This scenario is not uncommon as the lien is...

Have you heard the expression “nondelegable duty”?  The issue of a nondelegable duty comes into play when a party hires an independent contractor and the independent contractor commits negligence, primarily in the personal injury context. In other words, a plaintiff wants to hold a defendant liable for the injuries caused...

Have you ever heard of the “continuing breach” doctrine?  Probably not.  It is not a doctrine commonly discussed. It’s a doctrine used to try to argue around the statute of limitations. In an older Southern District Court of Florida case, Allapattah Services, Inc. v. Exxon Corp., 188 F.R.Ed. 667,...