A statutory bad faith claim is NOT tolled merely because the property insurer invoked the appraisal process in the property insurance policy.  Zaleski v. State Farm Florida Ins. Co., 46 Fla.L.Weekly D416b (Fla. 4th DCA 2021).  A statutory bad faith claim requires the insured to comply with Florida Statute s. 624.155 and submit a civil […]

The post STATUTORY BAD FAITH CLAIM NOT TOLLED MERELY BECAUSE PROPERTY INSURER INVOKES APPRAISAL PER THE POLICY appeared first on Florida Construction Legal Updates.

Can a subcontractor recover from a general contractor for extra-contractual work under an unjust enrichment or quantum meruit theory even though an express contract exists between the parties?   Can a general contractor recover from an owner for extra-contractual work under the same theories even though an express contract exists with the owner?    The case […]

The post UNJUST ENRICHMENT OR QUANTUM MERUIT CAN APPLY FOR EXTRA-CONTRACTUAL WORK IF THE EXPRESS CONTRACT DOES NOT CONCERN THE SAME SUBJECT MATTER appeared first on Florida Construction Legal Updates.

In subcontracts, it is not uncommon to see a provision that says something to the effect: Should any dispute arise between the parties respecting the true construction or interpretation of the Plans, Specifications and/or the Contract Requirements, the decision of the Owner or the Owner’s designated representative as set forth in the General Contract shall […]

The post DISPUTE RESOLUTION PROVISION IN SUBCONTRACT THAT SAYS OWNER, ARCHITECT OR ENGINEER’S DECISION IS FINAL appeared first on Florida Construction Legal Updates.

When it comes to the definition of “constructive acceleration,” the case of Fraser Const. Co. v. U.S., 384 F.3d 1354 (Fed.Cir. 2004) is a cited case and contains an instructive definition, quoted below, for proving a constructive acceleration claim. In a nutshell, a constructive acceleration claim is when the contractor incurs added costs for trying […]

The post DEFINING CONSTRUCTIVE ACCELERATION appeared first on Florida Construction Legal Updates.

It is always good practice to have construction counsel assist you with your construction contract.  This may mean drafting your contract.  This may mean negotiating your contract.  This may mean advising you as to provisions in your contract that shift risk to you.  This may mean providing red-lined suggestions to the contract.   Or, this […]

The post WORKING WITH CONSTRUCTION COUNSEL ON YOUR CONSTRUCTION CONTRACT IS VALUE-ADDED appeared first on Florida Construction Legal Updates.

If you have read prior articles (see here and here as an example), then you know that when it comes to first-party property insurance policies, an insured must comply with post-loss obligations in the policy.  Failure to comply with a post-loss obligation gives the insurer the argument that the insured materially breached the policy and, […]

The post DO NOT FORFEIT COVERAGE UNDER YOUR PROPERTY INSURANCE POLICY appeared first on Florida Construction Legal Updates.

In an interesting opinion, an injured employee of an electrical subcontractor sued the general contractor of a parking garage project under a premise liability theory after being injured when stepping on an uncovered floor drain at the project site.  There is no discussion in the opinion as to workers compensation immunity.  Rather, the discussion centers […]

The post INJURED SUBCONTRACTOR EMPLOYEE ASSERTS PREMISE LIABILITY CLAIM AGAINST GENERAL CONTRACTOR appeared first on Florida Construction Legal Updates.

Unfortunately, the Fifth District Court of Appeals’ holding in this case did not last long.   As discussed here, the Florida Supreme Court, quashing the Fifth District’s decision, ruled that an insured cannot recover extra-contractual, consequential damages against his/her/its property insurer absent a separate bad faith claim.  This means that arguing extra-contractual damages against a […]

The post QUITE NOTE: EXTRA-CONTRACTUAL, CONSEQUENTIAL DAMAGES AGAINST PROPERTY INSURER MUST BE PURSUED IN SEPARATE BAD FAITH CLAIM appeared first on Florida Construction Legal Updates.

Prefabrication (also referred to as modular construction in instances), is a form of offsite construction where certain construction activities occur at an offsite manufacturing facility or location.  Construction components or units are preassembled (prefabricated) at this offsite location prior to being delivered to the project site and then integrated into the project. When preparing a […]

The post PREFABRICATION CONTRACT CONSIDERATIONS appeared first on Florida Construction Legal Updates.

When a liability insurer defends an insured from a third-party claim, they oftentimes do so under a reservation of rights.  A reservation of rights letter is issued to the insured that identifies certain coverage exclusions or reservations relative to the insurance policy that may impact the insurer’s duty to indemnify the insured for damages.  In […]

The post ALLOCATING COVERED AND UNCOVERED DAMAGES IN JURY VERDICT appeared first on Florida Construction Legal Updates.