BarbriSFCourseDetails
  1. keyboard_arrow_leftBack

Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Real Property - Transactions

Date & Time
  • event Date

    Wednesday, February 9, 2022

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$297.00
CLE
ALL

This CLE webinar will advise construction litigation counsel on the use of replevin action in construction disputes. The panel will address the process of filing replevin, determining jurisdiction, and acquiring a writ of seizure. The panel will discuss how replevin actions may meet the issues created by the breakdown in the supply chain and when counsel should direct clients to seek monetary damages.

Faculty

Craig H. O'Neill
Partner
White & Williams LLP

Mr. O’Neill has a broad range of experience in construction and surety law, complex insurance coverage and general commercial litigation. For over 20 years, he has litigated matters within the construction industry in both state and federal court — including breach of contract claims, delay and disruption claims, defective design claims and mechanics’ lien claims — on behalf of project owners, developers, general contractors, subcontractors, sureties and design professionals. Mr. O’Neill regularly drafts and negotiates construction contracts and advises clients on construction contract management, administrative issues and best practices. He also works extensively with surety clients on a wide array of matters, including the defense of payment and performance bond claims and claims to enforce indemnity agreements.

expand_circle_down Expand to View Full Bio expand_circle_up Collapse Bio
Patrick A. Tighe
Attorney
Snell & Wilmer L.L.P.

Mr. Tighe has a varied commercial litigation practice and assists clients in resolving complex disputes through trial, alternative dispute resolution, and on appeal. He has experience in many types of business disputes, including real estate and construction litigation, employment litigation, appellate law, business tort and corporate governance litigation, class action, internal investigations, civil rights and constitutional litigation, replevin, and judgment enforcement. In his appellate practice, Mr. Tighe has argued before the United States Court of Appeals for the Ninth Circuit.

expand_circle_down Expand to View Full Bio expand_circle_up Collapse Bio

Description

Construction defaults often require specific remedies. When subcontractors and suppliers are part of a significant project, there are times when a terminated downline removes materials that have been paid for by the owners. In many cases, the owner and general contractor would sue for monetary damages and order new supplies. However, in the current economic climate with catastrophic delays in the supply chain or in cases where the materials were custom manufactured overseas and not easily replaceable, construction counsel must consider all options, including filing a replevin action against the subcontractor.

In its simplest terms, replevin is a procedure whereby seized goods may be provisionally restored to their owner pending the outcome of an action to determine the rights of the parties concerned. The requirements of a replevin action differ by jurisdiction.

When filing a replevin, the plaintiff must consider the appropriate jurisdiction to file, as it is best to file where the improperly seized materials are being held, if that is known. The process in each jurisdiction varies, but replevin requires strict statutory adherence.

When time is of the essence, or there is a concern that the removed materials will be harmed or destroyed by the holding party, most jurisdictions allow the sheriff to seize the property under a writ of seizure. In general, a writ of seizure is issued upon an order of the court entered upon notice and a hearing during which the moving party must establish through the complaint, affidavits, testimony, admissions, or other evidence, that it has a high probability of successfully demonstrating its claim to possession of the subject materials.

In addition to the equitable relief that replevin provides unless the contract explicitly states otherwise, other damages are likely available, including liquidated damages. Replevin offers an option that reduces costs and court time, allowing construction projects to remain on track and serving as another tool for counsel to seek relief.

Listen as our expert panel discusses the process of replevin, how it can save time and costs for clients, and when it is best utilized as a remedy in a construction default.

Outline

  1. Construction defaults
    1. Specific performance: replevin
      1. Jurisdiction
      2. Process
      3. Writ of seizure
      4. Bonds
  2. Other relief
  3. Best practices

Benefits

The panel will address these and other relevant topics:

  • When should replevin be considered as a remedy in a construction default?
  • When the location of the seized property is unknown, what is the proper jurisdiction for filing?
  • What must the plaintiff provide to be awarded a writ of seizure?