David Adelstein | Florida Construction Legal Updates Remember this law (and I mean: remember this law!): “An essential element of a claim for breach of contract is the existence of a material breach of a contractual duty.” JD Development I, LLC v. ICS Contractors, LLC, 2022 WL 4587083, *3 (Fla. 2d DCA 2022) (citation and quotation… Continue reading For Breach of Contract Claim, There Needs to be a Breach of a Contractual Duty
Month: November 2022
Avoiding Common Pitfalls And Preserving Defenses In The Event Of Application Misrepresentation
Mary Alice Jasperse | Drew Eckl & Farnham When faced with evidence that an insured misrepresented material facts on an application for insurance, the stakes are high: taking the position that a policy is void ab initio and provides no coverage for a loss usually results in litigation. Insurance carriers are wise to ensure that the case… Continue reading Avoiding Common Pitfalls And Preserving Defenses In The Event Of Application Misrepresentation
Turning Deposition No-Shows to the Client’s Advantage
Avi Stadler | Esquire Deposition Solutions This post is addressed to the attorney who has properly noticed the deposition of an opposing party for but, for some reason, the intended deponent has failed to appear at the appointed time and place. A basketball metaphor comes to mind this time of year: You’ve been fouled, and… Continue reading Turning Deposition No-Shows to the Client’s Advantage
Are Your Ohio Construction Contracts at Risk?
Justin Yarnell | Hahn Loeser & Parks In Ohio, the sale of taxable tangible personal property or services are subject to the Ohio sales tax. Similarly, the use of taxable tangible personal property or services for which the vendor did not charge sales tax is subject to the Ohio use tax. Ohio law requires a… Continue reading Are Your Ohio Construction Contracts at Risk?
Five Tips for Municipalities to Keep in Mind When Embarking on Construction Projects
Thomas Lambert | Pullman & Comley Municipalities are some of the largest land developers in the state, accounting for building projects that include everything from schools and stadiums, municipal buildings – such as fire departments or public works facilities, to even affordable housing projects. However, along with the anticipation of a new project to improve… Continue reading Five Tips for Municipalities to Keep in Mind When Embarking on Construction Projects