Jim Sams | Insurance Journal A public adjuster cannot act as an appraiser for a homeowner they represent when the insurance policy specifies that the appraiser must be “disinterested,” the Florida Supreme Court ruled Thursday. The high court affirmed a 2nd District Court of Appeal decision in a lawsuit filed by Jon Douglas Parrish against State Farm… Continue reading Public Adjusters Can’t Also Be Appraisers on the Claim, Florida Supreme Court Finds
Month: February 2023
Damages in Construction Claims: Are “Actual Costs” Actually Required?
Ronald Espinal | Bradley Arant Boult Cummings The golden standard for the measure of damages in a construction case alleging defective or incomplete work are the actual costs of completion or repair. That is to say, if there is a breach (or multiple breaches) of quality or quantity promises in a construction contract, each dollar… Continue reading Damages in Construction Claims: Are “Actual Costs” Actually Required?
Thinking About a Daubert Motion to Challenge an Expert Opinion?
David Adelstein | Florida Construction Legal Updates When you receive an expert opinion, one of the first things you are considering is whether it is worth filing a Daubert motion / challenge. A Daubert motion is a generally a pretrial motion you are using to challenge the admissibility of the expert opinion. Keep in mind this deals with the admissibility, not the credibility,… Continue reading Thinking About a Daubert Motion to Challenge an Expert Opinion?
An Update and Refresher on Retainage
Mason Rollins | Bradley Arant Boult Cummings Depending on the state, retainage often provides an owner a security interest in unpaid funds to help cover completion costs or other damages that may later occur by withholding a certain portion (typically 5-10%) of contract funds from downstream contractors. Retainage also incentivizes the downstream contractors to timely… Continue reading An Update and Refresher on Retainage
When the Project Goes Wrong: Thinking Twice About Using Transactional Counsel as Disputes Counsel and Other Advice for Choosing Disputes Counsel
Quinn Emanuel Urquhart & Sullivan As everyone in the construction industry knows only too well, most construction projects end up in dispute. A major construction project which is not the subject of threatened or actual litigation or arbitration is a rarity. When a contentious issue arises on a construction project, whether at the project level… Continue reading When the Project Goes Wrong: Thinking Twice About Using Transactional Counsel as Disputes Counsel and Other Advice for Choosing Disputes Counsel