Can an uncommon design or mode of construction that creates an “optical illusion” on property create an issue of fact for a premise liability claim?  According to the Third District Court of Appeal in Echevarria v. Lennar Homes, LLC, 45 Fla. L. Weekly D1567a (Fla. 3d DCA 2020), the answer is yes. When it comes […]

The post OPTICAL ILLUSION SUPPORTING PREMISE LIABILITY CLAIM appeared first on Florida Construction Legal Updates.

Associations have authority to pursue as a class, on behalf of all of their respective members, lawsuits “concerning members of common interest to the members.”  Fla. R. Civ. P. 1.221.   This includes, but is not limited to, the common property or the areas in which the association is responsible.   But, what about matters or elements […]

The post CLASS ACTION CERTIFICATION BY ASSOCIATION FOR “MATTERS OF COMMON INTEREST” appeared first on Florida Construction Legal Updates.

Unlike a deductible, a self-insured retention (referred to an “SIR”) is, as the name suggests, a self-insured obligation of the insured before its insurer picks up coverage.  The SIR needs to be exhausted by the insured (as the primary self-insurance component) before the carrier’s excess defense and indemnification obligations kick-in under the terms of the […]

The post FUNDING THE SELF-INSURED RETENTION (SIR) appeared first on Florida Construction Legal Updates.

In an insurance coverage dispute, it is common for the insured or the insurer to file a lawsuit that includes a claim for declaratory relief — asking the court to render a ruling as to the coverage issue.  This claim is proper if an insurer denied coverage or a part of coverage relating to an […]

The post INSURED’S CLAIM FOR DECLARATORY RELIEF IN COVERAGE DISPUTE appeared first on Florida Construction Legal Updates.

In certain jurisdictions, the number of people testing positive for COVID-19 is on the rise.  As this occurs, there is the possibility that a construction project will have to deal with one or more workers testing positive.  That is the current reality.   If the dialogue has not occurred before, now is the time to discuss […]

The post QUICK NOTE: COVID-19 CLAIM – PROVING CAUSATION appeared first on Florida Construction Legal Updates.

Construction lien priority is no joke!   This is why a lienor wants to record its construction lien within an effective notice of commencement.  A lien recorded within an effective notice of commencement relates back in time from a priority standpoint to the date the notice of commencement was recorded.  A lienor that records a lien […]

The post VALUE IN RECORDING LIEN WITHIN EFFECTIVE NOTICE OF COMMENCEMENT appeared first on Florida Construction Legal Updates.

There are cases where you feel for the plaintiff, but understand why they did not prevail, despite the creative efforts of their counsel.  The case of Robinson v. Liberty Mutual Ins. Co., 958 F.3d 1137 (11th Cir. 2020) is one of these cases. In Robinson, the plaintiff moved into a home that turned out to […]

The post ORDINARY USE OF TERM IN INSURANCE POLICY PREVAILED appeared first on Florida Construction Legal Updates.

Sometimes, hedging a position on a potential occurrence is not prudent.  Stated differently, hedging a position on a contingent event is not the right course of action.  The reason being is that a potential occurrence or contingent event is SPECULATIVE.   The occurrence or event may not take place and, even if it does take […]

The post THINK TWICE BEFORE HEDGING A POSITION OR DEFENSE ON A SPECULATIVE EVENT OR OCCURRENCE appeared first on Florida Construction Legal Updates.

Paying the lowest premium for property insurance is oftentimes not a great thing because, as with everything else, “you get what you pay for.”   If you are paying a lower premium, it is for a reason.  You likely have a restrictive policy that excludes more coverage (and, perhaps, all coverage) than you’d actually like in […]

The post QUICK NOTE: BEWARE OF AN ANTI-CONCURRENT CAUSE PROVISION IN YOUR PROPERTY INSURANCE POLICY appeared first on Florida Construction Legal Updates.

If you are involved in construction, insurance is vital.  There are too many risks and you want to make sure you have insurance to cover many of those risks.   Commercial general liability insurance (CGL) is an insurance product most contractors maintain and need to maintain.  However, not all policies are the same by virtue of […]

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