Many homeowners’ property insurance policies are replacement cost value policies for the dwelling, oftentimes referred to as Coverage A.  A replacement cost policy is defined as follows: “Replacement cost insurance is designed to cover the difference between what property is actually worth and what it would cost to rebuild or repair that property.”  A “replacement cost policy” […]

The post REPLACEMENT COST VALUE – HOMEOWNERS’ PROPERTY INSURANCE POLICIES appeared first on Florida Construction Legal Updates.

As more and more information is being learned, and more and more industries are being impacted, it is likely that the construction industry will follow suit.  And, while impacts with the global supply chain may not yet be realized, impacts could begin with labor supply and, frankly, employers’ safety protocols dealing with the coronavirus.  One […]

The post QUICK NOTE: CHARTING YOUR CONTRACTUAL RIGHTS WITH RESPECT TO THE CORONAVIRUS appeared first on Florida Construction Legal Updates.

If you have questions or concerns, and I am sure you do, as it pertains to the coronavirus and its force majeure implications on construction projects you are involved with, please do not hesitate to contact me or someone else that you trust can help.   Do NOT take a reactionary position and wait for […]

The post QUICK NOTE: QUESTIONS AS TO THE FORCE MAJEURE IMPLICATIONS OF THE CORONAVIRUS? DO NOT HESITATE TO CONTACT ME! appeared first on Florida Construction Legal Updates.

If you are involved in construction, NOW is the time to consider the potential force majeure impacts associated with the pandemic Coronavirus.  Things are beginning to drastically change on a minute-by-minute basis.  From travel restrictions, to the suspension or cancellation of events on an international level, to company-wide policies and restrictions, the global uncertainty has […]

The post BE PROACTIVE, NOT REACTIVE, TO PRESERVE FORCE MAJEURE RIGHTS REGARDING THE CORONAVIRUS appeared first on Florida Construction Legal Updates.

Recently, I negotiated a contract that included Owners and Contractors Protective Liability insurance, otherwise known as “OCP” coverage, which is a project-specific policy.   Thus, the policy limits are project-specific.  Obtaining this OCP coverage includes discussion with a sophisticated insurance broker because the objective is always to ensure that there is insurance to cover a […]

The post QUICK NOTE:…OWNERS AND CONTRACTORS PROTECTIVE LIABILITY INSURANCE (OCP COVERAGE) appeared first on Florida Construction Legal Updates.

When it comes to construction contracts, there are many good industry form templates that can be used.   All are templates and all are designed to be modified to conform to the jurisdiction’s law and, of course, the parameters of the project.  There are industry form templates from the American Institute of Architects, ConsensusDocs, Engineers Joint […]

The post GENERAL TIPS WHEN IT COMES TO CONSTRUCTION CONTRACT DRAFTING AND NEGOTIATION appeared first on Florida Construction Legal Updates.

There is a defense to construction liens raised by owners known as the fraudulent lien defense.  A party can assert a fraudulent lien as an affirmative defense or as an affirmative claim.  This is embodied in Florida Statute s. 713.31. Recently, with respect to payment bond claims, there is also a defense relating to a […]

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There are circumstances where a performance bond surety will pursue a claim against an owner – such as a government owner—and assert an equitable subrogation claim.  A performance bond surety may assert an equitable subrogation claim to recover contract funds that are still in the government’s control after the contract is completed or to recover […]

The post PERFORMANCE BOND SURETY’S EQUITABLE SUBROGATION CLAIM AGAINST OWNER appeared first on Florida Construction Legal Updates.

When a lis pendens is recorded and it is NOT founded on a duly recorded instrument such as a mortgage or a lien, the Court has the power to either discharge the lis pendens or require that a lis pendens bond be posted.   Typically, when the lis pendens is not recorded on a duly recorded […]

The post QUICK NOTE: PARTY ENTITLED TO EVIDENTIARY HEARING ON MOTION TO DISCHARGE LIS PENDENS NOT BASED ON DULY RECORDED INSTRUMENT appeared first on Florida Construction Legal Updates.

Insurance policies often contain an “Other Insurance” provision to limit or control an insurer’s risk if another insurer covers the same risk / loss.  See Pavarini Construction Co. (Se) Inc. v. Ace American Ins. Co., 161 F.Supp.3d 1227, 1234 (S.D.Fla. 2015) (“Other Insurance” provisions apply “when two or more insurance policies are on the same subject […]

The post “OTHER INSURANCE” PROVISIONS TO LIMIT INSURER’S RISK appeared first on Florida Construction Legal Updates.