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A differing site condition claim will almost universally result in both a cost and time impact.    There will be additional, unanticipated costs incurred.  And there will likely be a delay requiring additional time to perform.   A Type I differing … Continue reading
Posted: May 19, 2018, 8:32 pm
An exculpatory provision in a contract is a provision that relieves one party from liability for damages.  It shifts the risk of an issue entirely to the other party.   Such a provision is generally drafted by the party preparing … Continue reading
Posted: May 13, 2018, 12:21 pm
Low and behold, a party can be the prevailing party for purposes of attorney’s fees even if that party is awarded $0.  That’s right, even if the party is awarded a big fat zero, they can still be the prevailing … Continue reading
Posted: May 12, 2018, 12:54 am
In a prior article, I discussed a recent case that held that Florida Statute s. 725.06–the statute that governs indemnification provisions where the indemnitor is required to indemnify the indemnitee for personal injury or property damage caused wholly or partially by … Continue reading
Posted: May 6, 2018, 10:54 pm
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