• NEW EBOOK: INNOVATIVE ATTORNEY’S FEE ARRANGEMENTS

    The traditional attorney’s fee model for business disputes including construction disputes is hourly billing. There is certainly nothing wrong with this model. But…it is NOT the only model and there are other models that can actually be perceived as value-added to your business objectives. There is nothing wrong with innovation and creativity.

    Florida Construction Legal Updates- 7 readers -
  • CYBER SECURITY INSURANCE AND DESIGN PROFESSIONALS

    Cyber security insurance is a relatively new insurance product that has probably become more popular and important in today’s digital age. Think about it. Almost everything is created, transmitted, shared, and stored digitally. Companies utilize cloud-based platforms to store documents, share documents, and transmit documents. Documents are transmitted via e-mail.

    Florida Construction Legal Updates- 13 readers -
  • EBOOK: MILLER ACT PAYMENT BOND FUNDAMENTALS

    I finally did it! I wrote an ebook on the fundamentals of Miller Act payment bonds. A nuts and bolts approach focusing on the practical application of Miller Act payment bonds. It is currently on Amazon and will be on iTunes in the next day or so. If you are interested in Miller Act payment bonds, check it out ...

    Florida Construction Legal Updates- 11 readers -
  • “IS THE DEFECTIVE WORK COVERED BY INSURANCE?”

    I have been asked this question quite a bit from owners, in particular: “The contractor committed defective work, but it has insurance. Doesn’t the insurance cover this defective work?” Ugh, NO! There is this misconception that liability insurance, specifically, is the be-all-and-end-all when it comes to defective work. This could not be further from the truth.

    Florida Construction Legal Updates- 14 readers -
  • MILLER ACT AND “PUBLIC WORK OF THE FEDERAL GOVERNMENT”

    The Miller Act applies to the “construction, alteration, or repair of any public building or public work of the Federal Government.” 40 U.S.C. s. 3131. A recent opinion out of the Northern District of Oklahoma sheds light on what the Miller Act means regarding its application to any public work of the Federal Government. See U.S. v. Bronze Oak, LLC, 2017 WL 190099 (N.D.Ok. 2017).

    Florida Construction Legal Updates- 9 readers -
  • QUICK NOTE: IMPORTANCE OF EQUIPMENT FLOATER INSURANCE

    A recent case out of New York held that damage to a tower crane from a storm during construction is excluded from a builder’s risk policy because a tower crane is a machine that fits within the contractor’s tools exclusion, a common exclusion in builder’s risk policies. (Check out this article for a discussion on this case.

    Florida Construction Legal Updates- 10 readers -
  • QUICK NOTE: SUBCONTRACT PAYMENT BOND = COMMON LAW PAYMENT BOND

    What is a common law payment bond? A common law payment bond is a bond not required or governed by a statute. For example, if a prime contractor provides the owner a payment bond, that bond will be a statutory payment bond. On the other hand, if a subcontractor provides the general contractor with a payment bond, that bond will be a common law payment bond.

    Florida Construction Legal Updates- 13 readers -
  • SOMETIMES YOU NEED TO CONSIDER THE COBLENTZ AGREEMENT

    Since insurance, particularly liability insurance, is such an important component when it comes a construction project, understanding certain nuances such as a Coblentz Agreement (a what kind of agreement agreement?!?—keep reading) becomes helpful. If there is a construction defect claim / lawsuit, the implicated parties (e.g.

    Florida Construction Legal Updates- 12 readers -
  • TENDER THE DEFENSE OF A LAWSUIT TO YOUR LIABILITY CARRIER

    Sometimes you come across a head scratcher. This would be a decision that does not seem to make a whole lot of sense. For instance, if you are sued and you maintain liability insurance that would potentially provide you a defense and indemnification, not notifying your insurance carrier is a head scratcher. You pay substantial dollars towards the premium of that policy.

    Florida Construction Legal Updates- 11 readers -
  • DESIGN PROFESSIONAL NEEDS A LICENSE TO BE SUED FOR PROFESSIONAL NEGLIGENCE

    “With regard to claims for professional negligence, the Florida Supreme Court has explained that ‘where the negligent party is a professional, the law imposes a duty to perform the requested services in accordance with the standard of care used by similar professionals in the community under similar circumstances.’” Sunset Beach Investments, LLC v. Kimley-Horn and Associates, 42 Fla. L.

    Florida Construction Legal Updates- 10 readers -
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