Florida - Page 2

  • THE RELEVANCE AND REASONABLENESS OF DESTRUCTIVE TESTING

    … testing is warranted in every single construction defect dispute. That is not the case. However, to say it is never warranted is irrational. Florida Statutes Chapter 558 (the pre-suit notice of construction defects process) addresses the issue of destructive testing when parties are participating in this obligatory pre-suit notice of construction…

    Florida Construction Legal Updates- 7 readers -
  • APPELLATE ATTORNEY’S FEES AND THE SIGNIFICANT ISSUES TEST

    … be deemed the prevailing party under Florida Statute s. 713.29 (statute that authorizes prevailing party attorney’s fees under Florida’s Construction Lien Law). The appellate court held that neither party was the prevailing party under the significant issues test: “[W]e conclude that each party lost on their appeal, while each party successfully defended…

    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…

    Florida Construction Legal Updates- 12 readers -
  • Murder Laws in Texas: Types, Degrees, and Punishments

    …, or that it was carried out with total reckless disregard and abandonment for another human life. Whether the convict is sentenced to the death penalty (capital punishment) depends on specific circumstances. In the well-known murder trial of O.J. Simpson, Los Angeles prosecutors charged the defendant with two first-degree murder counts (the death of Nicole…

    The Law Office of Matthew D. Sharp- 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…

    Florida Construction Legal Updates- 14 readers -
  • Nursing Home Abuse Statistics

    …Facts & statistics regarding elder abuse in US nursing homes. Nursing Home Abuse Statistics While researchers may differ on some statistical findings, one thing on which they generally agree is that nursing home abuse has reached epidemic proportions and now requires collaborative intervention. Unlike child abuse and domestic violence…

    Jeff Rasansky/ Rasansky Law Firm- 22 readers -
  • Most Dangerous Places for a Motorcycle Accident

    … Motorcycle accidents injured some 88,000 people in the United States during 2015, according to data published by the National Highway Traffic Safety Administration (NHTSA). While motorcycle accidents can occur anywhere, there are some places that are more dangerous than others. As a result, motorcyclists should take extra precautions…

    Gabriel Levin/ levininjuryfirm.com- 15 readers -
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