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Florida Construction Legal Updates

When it comes to product liability law, one important doctrine that will always come up is the economic loss rule.  The economic loss rule, oftentimes going by its acronym ELR, lives and breathes in the realm of product liability law. Does the economic loss rule extend to a manufacturer’s distributor for a duty to warn […]

The post PRODUCTS LIABILITY LAW – APPLICATION OF ECONOMIC LOSS RULE appeared first on Florida Construction Legal Updates.

Author: David Adelstein
Posted: March 16, 2024, 2:50 pm

Don’t fall in the trap of buying the cheapest insurance policy.  It will come and bite you in the butt big time! Consult with an insurance broker that understands construction and, importantly, your specific industry, to provide you coverage within your industry.  Otherwise, you’ll be paying for a policy that may (i) not be a […]

The post DON’T FALL IN TRAP OF BUYING THE CHEAPEST INSURANCE POLICY AS IT MAY BAD FOR YOUR BUSINESS RISKS AND NEEDS appeared first on Florida Construction Legal Updates.

Author: David Adelstein
Posted: March 10, 2024, 2:37 pm

A recent summary judgment opinion from the Armed Services Board of Contract Appeals (ASBCA), Appeals Of – BCI Construction USA, Inc.,ASBCA No. 6257, 2024 WL 773324 (2024), contains a worthy discussion regarding a contractor’s challenge to the government’s assessment of liquidated damages, specifically the enforceability of the liquidated damages rate.  Although this challenge is in […]

The post CHALLENGING ENFORCEABILITY OF LIQUIDATED DAMAGES (IN FEDERAL CONSTRUCTION CONTEXT) appeared first on Florida Construction Legal Updates.

Author: David Adelstein
Posted: March 3, 2024, 4:27 pm

A recent case touches upon two issues that are noteworthy when considering fraud claims and breach of warranty claims against a manufacturer. Below contains a discussion on these claims. Independent Tort Doctrine “Florida’s independent tort doctrine provides that a party may not recover in tort for a contract dispute unless the tort is independent of […]

The post FRAUD CLAIMS AND BREACH OF WARRANTY CLAIMS AGAINST MANUFACTURER appeared first on Florida Construction Legal Updates.

Author: David Adelstein
Posted: February 25, 2024, 2:57 pm

A number of construction disputes, if tried, are tried through a bench trial meaning the judge is serving in the role of the jury in the construction trial. In a bench trial, two points are important.  First, “the factual findings of the judge are entitled to the weight of a jury verdict.” Q.G.S. Development, Inc. […]

The post COMPETENT, SUBSTANTIAL EVIDENCE CARRIES DAY IN BENCH TRIAL appeared first on Florida Construction Legal Updates.

Author: David Adelstein
Posted: February 11, 2024, 2:50 pm

Let’s talk about a statutory first-party bad faith claim against an insurer under Florida law. A recent opinion, discussed below, does a nice job providing a synopsis of a first-party statutory bad faith claim against an insurer: The Florida Legislature created the first-party bad faith cause of action by enacting section 624.155, Florida Statutes, which […]

The post LET’S TALK ABOUT A STATUTORY FIRST-PARTY BAD FAITH CLAIM AGAINST AN INSURER appeared first on Florida Construction Legal Updates.

Author: David Adelstein
Posted: January 27, 2024, 8:42 pm

Language in a contract matters. The word “estimates” or “estimated” matters particularly when it comes to a date certain such as a substantial completion or completion date.  Remember this. Here is an example. In Parque Towers Developers, LLC v. Pilac Management, Ltd., 49 Fla.L.Weekly D190a (Fla. 3d DCA 2024), a trial court held that the […]

The post THE WORD “ESTIMATE” IN A CONTRACT MATTERS AS TO A COMPLETION DATE appeared first on Florida Construction Legal Updates.

Author: David Adelstein
Posted: January 20, 2024, 9:46 pm

A dispute pending in the Armed Services Board of Contract Appeals (ASBCA) dealt with interesting legal issues on a motion to dismiss. See Appeals of McCarthy Hitt-Next NGA West JV, ASBCA No. 63571, 2023 WL 9179193 (ASBCA 2023). The dispute involves a contractor passing through subcontractor claims due to impacts caused by the COVID-19 pandemic […]

The post RULING DEALING WITH CONSTRUCTIVE CHANGES, CONSTRUCTIVE SUSPENSION, AND THE IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING appeared first on Florida Construction Legal Updates.

Author: David Adelstein
Posted: January 14, 2024, 12:27 pm

A recent case out of the Eleventh Circuit denied an underground contractor’s claim under what appears to be a commercial property installation floater policy (inland marine coverage) that covers the contractor’s materials. Whereas a builder’s risk policy is more expansive, an installation floater is narrower and can provide protection to a contractor for materials and […]

The post NO COVERAGE UNDER INSTALLATION POLICY WHEN READ TOGETHER WITH INSURANCE APPLICATION appeared first on Florida Construction Legal Updates.

Author: David Adelstein
Posted: January 7, 2024, 3:41 pm

There is nothing more scintillating than an insurance coverage dispute, right?  Well, some folks would agree with this sentiment.  Others would spit out their morning coffee in disagreement.  Regardless of where you fall in the spectrum, they are always important because maintaining insurance is a NECESSARY part of business, particularly in the construction industry.  The […]

The post DOES “FAULTY WORKMANSHIP” CONSTITUTE AN OCCURRENCE UNDER YOUR CGL POLICY? appeared first on Florida Construction Legal Updates.

Author: David Adelstein
Posted: December 17, 2023, 3:43 pm
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