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  • QUICK NOTE: PRIOR ACTS EXCLUSION IN INSURANCE POLICY

    As an insured, it is important to understand the prior acts exclusion in your insurance policy. The prior act exclusion bars coverage for claims that arise out of an act prior to the policy period or specified date in the policy. Knowing this, an insured typically can get some prior acts coverage to cover claims that arise out of an act that precedes the policy period (e.g.

    Florida Construction Legal Updates- 6 readers -
  • COMPLY AND UNDERSTAND CONTRACTUAL CONDITIONS PRECEDENT

    Contracts oftentimes contain conditions precedent to payment or another affirmative obligation. The condition precedent needs to occur to trigger a party’s obligation to perform. If the condition precedent does not occur, then the obligation to perform is never triggered. Contracting parties need to understand and appreciate conditions precedent to perform in their contract.

    Florida Construction Legal Updates- 10 readers -
  • NEGLIGENT PROCUREMENT OF INSURANCE

    As you know, insurance is an important part of risk assessment for many, many business needs. Oftentimes, an insured relies on an insurance broker or agent to procure specific insurance to meet its express business objectives and risks. Notably, there is a potential negligence claim associated with an insurance agent or broker’s negligent procurement of insurance for an insured.

    Florida Construction Legal Updates- 14 readers -
  • QUICK NOTE: SUBMITTING CIVIL REMEDY NOTICE

    There are steps an insured or claimant need to take in order to assert a statutory bad faith claim. The first step is the obligatory Civil Remedy Notice. This obligation is set forth in Florida Statute s. 624.155. The Civil Remedy Notice is, in essence, written notice of the specific violation(s) that are being claimed against the insurer that give rise to potential bad fait ...

    Florida Construction Legal Updates- 9 readers -
  • FACTOR THE FACTOR IN FACTORING

    What is factoring? Have you heard this term used in the business context? Factoring is not uncommon in the business world. It comes up when a business is in need of cash (immediate cash flow) and sells/assigns money owed under accounts receivable to a third party known as a factor. The factor purchases the accounts receivable at a discount in consideration of an assignment of ...

    Florida Construction Legal Updates- 10 readers -
  • FLORIDA’S LIEN LAW AND SUBSTANTIAL COMPLIANCE VS. STRICT COMPLIANCE

    There are literally some (or, perhaps, many!) disputes that will make you say “hmm!” The “hmm” is a euphemism for “what is a party thinking?!?” The case of Trump Endeavor 12 LLC v. Fernich, Inc., 42 Fla. L.Weekly D830a (Fla. 3d DCA 2017) is one of these cases because a party (the owner) is banking its defense on a technical “all-or-nothing” argument pertaining to whether a li ...

    Florida Construction Legal Updates- 15 readers -
  • CONSULT WITH COUNSEL WHEN PREPARING CONSTRUCTION LIENS

    All too often entities prepare their own construction liens. Sure, it is an effective way to save a few bucks. No doubt about it. But, by doing so, you are (i) not relying on advice of counsel that is important when it comes to lien preparation and (ii) not relying on strategy that goes along with the preparation of a lien.

    Florida Construction Legal Updates- 9 readers -
  • HURDLES WITH TRIGGERING A SUBCONTRACTOR PERFORMANCE BOND

    There have been a couple of decisions as of late, particularly in federal court, that have gone in favor of a performance bond surety and against a general contractor’s claim against a subcontractor’s performance bond. These decisions have been so unfavorable that they may be swaying certain internal decisions to move to subcontractor default insurance with, perhaps, subcontr ...

    Florida Construction Legal Updates- 15 readers -
  • 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- 11 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- 15 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- 15 readers -
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