• CONTRACTORS: CONSULT YOUR INSURANCE BROKER REGARDING YOUR CGL POLICY

    Contractors: do yourself a favor and consult your insurance broker regarding your commercial general liability (CGL) policy. Do this now, especially if you subcontract out work. CGL policies contain a “your work” exclusion. The CGL policy is written such that it excludes “‘property damage’ to ‘your work’ arising out of it or any part of it and included in the ‘products-comp ...

    Florida Construction Legal Updates- 11 readers -
  • DOCTRINE OF AVOIDABLE CONSEQUENCES AS AFFIRMATIVE DEFENSE

    The doctrine of avoidable consequences is an affirmative defense that can be used in certain property damage lawsuits. This is a defense that does not go to liability, but it goes to damages. This doctrine of avoidable consequences defense holds that a plaintiff cannot recover damages caused by a defendant that the plaintiff could have reasonably avoided. See Media Holdings, LLC v.

    Florida Construction Legal Updates- 12 readers -
  • QUICK NOTE: NOTICE OF CONTEST OF CLAIM AGAINST PAYMENT BOND

    On private jobs where the general contractor has an unconditional payment bond, subcontractors, sub-subcontractors and suppliers need to serve a notice of nonpayment to preserve payment bond rights. Just like an owner can record a Notice of Contest of Lien to shorten a lienor’s statute of limitations to foreclose the lien to 60 days, a general contractor can record a Notic ...

    Florida Construction Legal Updates- 10 readers -
  • FIVE-YEAR STATUTE OF LIMITATIONS ON PERFORMANCE-TYPE SURETY BONDS

    The statute of limitations on a claim against a performance-type bond is 5 years from the breach of the bond, i.e., the bond-principal’s default (based on the same statute of limitations that governs written contracts / obligations). See Fla. Stat. s. 95.11(2)(b). This 5-year statute of limitations is NOT extended and does NOT commence when the surety denies the claim.

    Florida Construction Legal Updates- 19 readers -
  • ARE YOU A CONSTRUCTION LIENOR?

    When it comes to construction lien rights, not everyone that touches the project is a proper lienor. Forget about timely serving a Notice to Owner or recording a claim of lien, if you are not a proper lienor, it does not matter if you properly perfected your lien rights. If you are not a proper lienor, you have NO lien rights under the law! Florida Statue s. 713.

    Florida Construction Legal Updates- 11 readers -
  • HOW DOES YOUR CONSTRUCTION CONTRACT TREAT FLOAT

    Although there are different types of construction schedule float and more technical definitions, the definition that makes sense to me is that float is the amount of time a particular activity can be delayed without that activity delaying the project’s completion date (substantial completion date).

    Florida Construction Legal Updates- 7 readers -
LawBlogs Facts
  1. listed
  2. #15 in our ranking
  3. 196 posts, read by 2,761 readers
  4. 14 readers per post
  5. 5 Posts per month
Facts last updated: (2018-02-19 05:17:26 UTC). Update Frequency for posts: 15 minutes. Posts last updated: .
Get the top posts daily into your mailbox!
Topics
See more
Aetna Affirmative Defense Allstate Arbitration Arbitration Clause Automatic Stay Automobile Liability Policy Bad Faith Better Business Bureau Broward County Builder's Risk Camera Phone Cgl Commercial General Liability Compel Arbitration Construction Defects Construction Lien Construction Schedule Consumer Contract Drafting Contract Law Contractual Indemnification Coverage Defense Critical Path Dade County Damages Declaratory Relief Delay Delay Damages Deny Coverage Design Professional Negligence Destructive Testing First Amendment Florida Florida Statute 542.335 Florida Statute 627.426 Florida Statute 713.13 Florida Statute 725.06 Florida Statutes Chapter 558 Florida Supreme Court Geico Home Depot Hurricane Irma Immunity Indemnification Injunction Injunctions Insurance Insurance Bad Faith Insurance Coverage Insurance Exclusion Intentional Torts Interior Design Interpleader Jury Instructions Latent Defect Legitimate Business Interest Licensing Lien Lien Priority Lienor Liquidated Damages Miami Miller Act Miller Act Payment Bond Negligence Nissan No Damage For Delay Non Compete Notice Of Commencement Notice Of Contest Of Lien Other Insurance Palm Beach Palm Beach County Parasailing Payment Bond Pdf Performance Bond Process Professional Negligence Property Property Damage Property Insurance Real Property Referral Reservation Of Rights Restrictive Covenants Safety Statute Of Limitations Substantial Completion Summary Judgment Surety Bond Sworn Statement Of Account Tort Trade Secret Trade Secrets Twitter Unfair Trade Practice Workers Compensation Workers Compensation Immunity