Have you ever heard of the “continuing breach” doctrine? Probably not. It is not a doctrine commonly discussed. It’s a doctrine used to try to argue around the statute of limitations. In an older Southern District Court of Florida case, Allapattah Services, Inc. v. Exxon Corp., 188 F.R.Ed. 667, 679 (S.D.Fla. 1999), the court explained: […]
The post CONTINUING BREACH DOCTRINE appeared first on Florida Construction Legal Updates.
Author: David Adelstein
Posted: May 3, 2024, 11:11 pm
Sometimes, when it comes to insurance, you may hear the argument that you breached your insurance policy by failing to provide your insurer with prompt notice as the insurance policy requires. Well, this is not such an absolute issue. With that said, you should absolutely provide your insurer with prompt notice of a claim or […]
The post PROVIDING YOUR INSURER PROMPT NOTICE appeared first on Florida Construction Legal Updates.
Author: David Adelstein
Posted: April 28, 2024, 1:56 pm
Liability insurance policies have a provision that allows them to subrogate to the rights of their insured. This provision is commonly referred to as a transfer of rights provision and reads: If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred […]
The post IMPAIRING YOUR INSURER’S SUBROGATION RIGHTS appeared first on Florida Construction Legal Updates.
Author: David Adelstein
Posted: April 21, 2024, 8:15 pm
A recent case, Jon M. Hall Company, LLC v. Canoe Creek Investments, LLC, 49 Fla.L.Weekly D812a (Fla. 2d DCA 2024), demonstrates four important things when it comes to liens: An owner can shorten the time period to foreclose on the lien, whether against the real property or a lien transfer bond, to 60 days by […]
The post DON’T IGNORE A NOTICE OF CONTEST OF LIEN appeared first on Florida Construction Legal Updates.
Author: David Adelstein
Posted: April 14, 2024, 3:17 pm
Author: David Adelstein
Posted: March 30, 2024, 8:35 pm
Your construction contract is an important topic. What’s even more important is YOUR process for reviewing and negotiating construction contracts. Are you simply acting as a riverboat gambler willing to assume undue risk because you don’t value the investment in understanding what you are signing? If so, it becomes hard to complain about what you […]
The post YOUR CONSTRUCTION CONTRACT appeared first on Florida Construction Legal Updates.
Author: David Adelstein
Posted: March 23, 2024, 3:12 pm
Author: David Adelstein
Posted: March 16, 2024, 2:50 pm
Author: David Adelstein
Posted: March 10, 2024, 2:37 pm
Author: David Adelstein
Posted: March 3, 2024, 4:27 pm
Author: David Adelstein
Posted: February 25, 2024, 2:57 pm