The economic loss rule lives to bar a claim against a product manufacturer in a real estate transaction.  In a products liability action, there needs to be personal injury or property damage, other than to the property itself, in order to recover economic damages.  Otherwise, the economic loss rule will bar the recovery of such […]

The post ECONOMIC LOSS RULE BARS CLAIMS AGAINST MANUFACTURER appeared first on Florida Construction Legal Updates.

When a contractor is challenging the assessment of liquidated damages, or arguing that it is entitled to extended general conditions, the contractor bears a burden of proof to establish there were excusable delays that impacted the critical path and, in certain scenarios, the delays were not concurrent with contractor-caused delay: When delays are excusable, a […]

The post CONTRACTOR’S BURDEN WHEN IT COMES TO DELAY appeared first on Florida Construction Legal Updates.

In a first party bad-faith lawsuit, such as a bad faith claim against an insured’s property insurer, there are three requirements that must be met before the bad faith lawsuit is filed: “‘(1) determination of the insurer’s liability for coverage; (2) determination of the extent of the insured’s damages; and (3) the required notice must […]

The post FIRST-PARTY STATUTORY BAD FAITH – 60 DAYS TO CURE MEANS 60 DAYS TO CURE appeared first on Florida Construction Legal Updates.

Property insurance policies (first party insurance policies) contain post-loss obligations that an insured must (and should) comply with otherwise they risk forfeiting insurance coverage.   One post-loss obligation is the insurer’s right to request the insured to submit a sworn proof of loss.  Not complying with a post-loss obligation such as submitting a sworn proof of […]

The post AVOID THE HEADACHE – SUBMIT THE SWORN PROOF OF LOSS TO PROPERTY INSURER appeared first on Florida Construction Legal Updates.

As you know from prior articles, arbitration is a creature of contract where parties agree to resolve their dispute through arbitration, not litigation.  What if the parties are non-signatories to the arbitration agreement? In a recent case, the trial court compelled parties that did not sign the governing agreement with an arbitration provision to arbitration. […]

The post QUICK NOTE: EVIDENTIARY HEARING REQUIRED BEFORE COMPELLING NON-SIGNATORIES TO ARBITRATION appeared first on Florida Construction Legal Updates.

Mistakes happen.  Mistakes even happen in the formation of a contract. The two types of mistakes are mutual mistake and unilateral mistake.  Both can give rise to the reformation or rescission of a contract, although through a clear and convincing standard of evidentiary proof. With a mutual mistake, reformation of the contract is typically the […]

The post MISTAKES HAPPEN BUT COURTS NOT HERE TO REWRITE BAD CONTRACTS appeared first on Florida Construction Legal Updates.

When there is a construction defect lawsuit, there is an insurance coverage issue or consideration.  As I have said repeatedly in other articles, it is all about maximizing insurance coverage regardless of whether you are the plaintiff prosecuting the construction defect claim or the contractor(s) alleged to have committed the construction defect and property damage. […]

The post ALLEGING PROPERTY DAMAGE IN CONSTRUCTION DEFECT LAWSUIT appeared first on Florida Construction Legal Updates.

When it comes to preparing and recording a construction lien, this case is an example of what NOT TO DO!   I mean it — this exemplifies what NOT TO DO!  It is also a case study of why a party should always work with counsel in preparing a construction lien so that you can […]

The post DON’T DO THIS WHEN IT COMES TO CONSTRUCTION LIENS appeared first on Florida Construction Legal Updates.

CGL policies contain a “Separation of Insureds” provision.  This provision oftentimes states: Except with respect to the Limits of Insurance, and any rights or duties specifically assigned this Coverage Part to the first Named Insured, this insurance applies: 1. As if each named insured were the only Named Insured; and 2. Separately to each insured […]

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In the preceding article, I discussed a case where an owner sued its contractor and design professional for construction defects and design defects that contributed to the same damage.   There was a valuable discussion in this case as to the measure of damages in a construction defect dispute.  It is a discussion that construction defect […]

The post CONSTRUCTION DEFECT DAMAGES: BENEFIT-OF-THE-BARGAIN OR RELIANCE RECOVERY appeared first on Florida Construction Legal Updates.