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.

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.

A termination for convenience is NOT a termination for default.  They are NOT the same. They should NOT be treated as the same.  I am a huge proponent of termination for convenience provisions because sometimes a party needs to be able to exercise a termination for convenience, but the termination is not one that rises […]

The post A TERMINATION FOR CONVENIENCE IS NOT A TERMINATION FOR DEFAULT appeared first on Florida Construction Legal Updates.

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.

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.

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.

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.

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.

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.

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.