David Adelstein | Florida Construction Legal Updates Florida has a ten-year statute of repose which applies predominantly to construction defect claims. This can be found in Florida Statute s. 95.11(3)(c). After ten years, any rights relative to a construction defect claim are time-barred. However, the statute of repose date has been watered down and can be made… Continue reading Commencing of the Statute of Repose for Construction Defects
Month: November 2021
Replevin Actions: What You Should Know
Craig H. O’Neill | White and Williams A contractor client of White and Williams recently found itself in a prickly situation. They had default terminated a subcontractor on a major commercial project and withheld payment to that subcontractor on an outstanding invoice as permitted under the terms of the subcontract until the project was completed. Clearly… Continue reading Replevin Actions: What You Should Know
Ready, Fire, Aim: The Importance of Targeting Your Delay Notices
Bradley Sands | ConsensusDocs Providing written notice of delay to subcontractors when a project is behind schedule is a regular part of good project documentation practices. A properly targeted delay notice is an important, project correspondence that is an appropriate response to a subcontractor’s specific delay or ongoing delays. However, when a project falls behind schedule… Continue reading Ready, Fire, Aim: The Importance of Targeting Your Delay Notices
Montana Federal Court Upholds Application of Anti-Concurrent Causation Clause
Tred R. Eyerly | Insurance Law Hawaii Interpreting Montana law, the federal district court found that the policy’s anti-concurrent causation clause prevented coverage for the insured’s damaged home. Ward v. Safeco Ins. Co. of Am., 2021 U.S. Dist. LEXIS 149051 (D. Mont. Aug. 9, 2021). Plaintiff was advised by her tenants that water… Continue reading Montana Federal Court Upholds Application of Anti-Concurrent Causation Clause
Construction Contractors: Beware of Over-Indemnification (a Gentle Reminder)
Potomac Law Group Like an alligator in the swamp, every few years this issue resurfaces ready to take a bite out of unsuspecting contractors; namely the abuse of the indemnification clause to shift inappropriate risk. Indemnification provisions play an important role in managing the risks associated with construction contracting. Indemnity clauses require one party to… Continue reading Construction Contractors: Beware of Over-Indemnification (a Gentle Reminder)