Christopher D. Cazenave | ConsensusDocs A construction contract typically contains many different types of warranties. Owners expect contractors to explicitly warrant their workmanship, contractor-provided materials and equipment, and in many instances to assume other warranty risks that may obligate the contractor years after the project is completed. No contractor wants to be surprised years after… Continue reading Construction Warranties: Have You Seen Me Lately?
Month: February 2022
Dispute Resolution in Your Construction Contract
David Adelstein | Florida Construction Legal Updates There are important provisions in your construction contract that are geared towards dispute resolution. These are provisions you want to understand – not when a dispute arises, but BEFORE the dispute ever occurs. Many times, dispute resolution provisions are cast aside or not appreciated until a dispute rears its ugly head. … Continue reading Dispute Resolution in Your Construction Contract
You Can’t Run From That Arbitration Covenant Running With The Land
Matthew Meyer | Shutts & Bowen In a recent case, the Florida Supreme Court held that an arbitration covenant contained in a developer’s original deed also bound the second owner. The case serves as a good reminder that, although a subsequent owner of residential property might not think to even review the original deed, such… Continue reading You Can’t Run From That Arbitration Covenant Running With The Land
Court Of Appeals Clarifies That Expert Testimony Required in Nearly All Faulty Construction Cases
Joseph Davies | Smith Debnam Narron Drake Saintsing & Myers In a recent decision touching on many interesting issues, North Carolina’s Court of Appeals effectively determined that, in all but the most obvious cases, expert testimony is required to establish a failure to perform construction in a workmanlike fashion. Small Claims Court to Court of… Continue reading Court Of Appeals Clarifies That Expert Testimony Required in Nearly All Faulty Construction Cases
True, False, or Simply Wrong? Florida Courts Disagree About Whether ‘False Statements’ Must Be Intentional
Chad A. Pasternack | Property Insurance Law Observer A Florida appellate court recently interpreted a “Concealment or Fraud” provision that voids coverage where an insured makes “material false statements” as requiring intentional deception, extending the split amongst the Florida appellate courts. In Vargas v. SafePointe Ins. Co., No. 3D19-1656, 2022 WL 108428 (Fla. 3d DCA Jan.… Continue reading True, False, or Simply Wrong? Florida Courts Disagree About Whether ‘False Statements’ Must Be Intentional