The Spearin doctrine is a doctrine in the construction industry that broadly means the owner impliedly warrants the constructability of the plans and specifications given to the contractor. This implied warranty attaches to a design specification, but not a performance specification. A question arises as to whether the Spearin doctrine can apply in the design-build […]

The post SPEARIN DOCTRINE CAN APPLY IN DESIGN-BUILD CONTEXT appeared first on Florida Construction Legal Updates.

A note on subrogation. There are two types of subrogation recognized in Florida: (1) conventional subrogation; and (2) equitable subrogation. “‘Conventional subrogation arises or flows from a contract between the parties establishing an agreement that the party paying the debt will have the rights and remedies of the original creditor.’” Certain Underwriters at Lloyd’s, London […]

The post FLORIDA RECOGNIZES TWO TYPES OF SUBROGATION: (1) CONVENTIONAL SUBROGATION; AND (2) EQUITABLE SUBROGATION appeared first on Florida Construction Legal Updates.

When you are in a dispute, one of the first things you want to look at is the dispute resolution provision(s) in your contract.  What does the provision(s) say? (There could be more than one provision.) Do you need to mediate first? Are disputes decided via arbitration or litigation? Is there a venue provision? Is […]

The post FOLLOW THE DISPUTE RESOLUTION PROVISION(S) IN YOUR CONTRACT appeared first on Florida Construction Legal Updates.

Welcome to Florida! If you deal with construction defects in Florida, then you know, or certainly should know, about Florida Statutes Chapter 558.  Chapter 558  contains the pre-suit notice requirements before instituting a construction defect lawsuit. They are a “must know” if you practice in the construction defect world. While I may not be a […]

The post MAKE SURE YOU COMPLY WITH FLORIDA’S PRE-SUIT NOTICE REQUIREMENTS FOR CONSTRUCTION DEFECTS appeared first on Florida Construction Legal Updates.

How about some more on DELAY claims and the burden of proof substantiating delay. Delay claims can no doubt be complex – factually and legally. They warrant expert opinions further bolstered by fact witness testimony from the folks that lived the details and issues. If you need assistance with a delay claim, make sure you […]

The post …MORE ON DELAY CLAIMS AND THE BURDEN OF PROOF SUBSTANTIATING DELAY appeared first on Florida Construction Legal Updates.

As we know on construction projects, the adage “time is money” always applies. It applies to contractors just as much as owners. If a project is delayed, a contractor incurs additional overhead costs known as general conditions and general requirements which are driven by time.  Similarly, an owner experiences its own delay damages driven by […]

The post TIME IS MONEY ON CONSTRUCTION PROJECTS AND CATEGORIES OF DELAY appeared first on Florida Construction Legal Updates.

There is a very good reason the contract requires the party providing a service (e.g., subcontractor) to name the paying party (e.g., general contractor) as an additional insured under its liability policies (e.g., CGL policy) on a primary and non-contributory basis. There is also a very good reason why you, as an insured, should read […]

The post KEEP AN EYE OUT ON WHAT YOUR INSURANCE POLICY AND CONTRACT SAYS appeared first on Florida Construction Legal Updates.

Florida Statute s. 489.128 is a statute that provides a remedy against unlicensed contracting.  However, keep in mind that this argument—the unlicensed contractor argument—is a technical statutory argument. In other words, it’s not so much of a fact-based merits argument, but an argument that’s solely based on the technicality of the statute. This, by no […]

The post UNLICENSED CONTRACTING AND FLORIDA STATUTE s. 489.128 appeared first on Florida Construction Legal Updates.

Understanding your burden of proof is vital. The burden of proof goes to what a party NEEDS to prove to satisfy or prove the claims or defenses asserted. It’s need-to-know when litigating and trying a case (whether in court or arbitration). The insurance coverage dispute of Valer v. Citizens Property Insurance Corp., 50 Fla.L.Weekly D126a […]

The post KNOW YOUR BURDEN OF PROOF IN AN INSURANCE COVERAGE DISPUTE DEALING WITH AN ALL RISK POLICY appeared first on Florida Construction Legal Updates.

In a dispute involving joint venture partners and a joint venture agreement, one of the partners sued a third party (which purchased the assets of the other partner).  Claims against the third party included tortious interference of the joint venture agreement between the partners, conspiracy to tortiously interfere with the joint venture agreement between the […]

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