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  • APPELLATE ATTORNEY’S FEES AND THE SIGNIFICANT ISSUES TEST

    The significant issues test to determine the prevailing party in construction lien actions (which, by the way, also applies to breach of contract actions) applies to appellate attorney’s fees too! Under this test, the trial court has discretion to determine which party prevailed on the significant issues of the case for purposes of attorney’s fees.

    Florida Construction Legal Updates- 15 readers -
  • TIMELY WRITTEN NOTICE TO INSURER AND COOPERATING WITH INSURER

    I harp on notifying a liability insurer in writing once a claim is asserted against you. As soon as possible. I harp on this because as an insured you want to remove any doubt or argument that the insurer was prejudiced due to a lack of timely notice. In a recent opinion, Zurich American Insurance Co. v. European Tile and Floors, Inc., 2017 WL 2427172 (M.D.Fla.

    Florida Construction Legal Updates- 12 readers -
  • VENUE FOR SUING PUBLIC PAYMENT BOND

    Public payment bonds (excluding FDOT payment bonds) are governed under Florida statute s. 255.05. As it pertains to venue—the location to sue a public payment bond–the statute provides in relevant portion: (5) In addition to the provisions of chapter 47, any action authorized under this section may be brought in the county in which the public building or public work is bei ...

    Florida Construction Legal Updates- 14 readers -
  • 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 -
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