Barry Zalma | Zalma on Insurance | September 11, 2018 It is the obligation of every lawyer representing a plaintiff to plead plausible claims for relief or find the suit dismissed summarily. In Eileen Coonce v. CSAA Fire & Casualty Insurance Company, and Automobile Club Insurance Company; AAA Fire & Casualty Insurance Company, No. 18-7000, United States… Continue reading Failure to Plead Plausible Claims Defeats Lawsuit
Tag: Advise & Consult
Construction Claim Notice Travesty -Hope On The Horizon?
Henry L. Goldberg | Moritt, hock & Hamroff LLP | September 20, 2018 Many of you who follow our Construction Law Alert know of the acronym I derisively coined on behalf of the industry, namely “COFED” (for “Contractor Forfeiture Enhancement Device”). It refers to the epidemic of wholly unfair and unnecessary contractual notice provisions in public (and increasingly) private sector construction… Continue reading Construction Claim Notice Travesty -Hope On The Horizon?
Trending: The Well Building Standard: A Worker Focused Performance Based Rating System
Mark D. Eisemann | Lewis Rice LLC | September 24, 2018 Over the past 20 years, state and local governments, real estate developers, corporations and tenants have all, to varying degrees, jumped on the “green” building bandwagon. Much credit needs to be given to the U.S. Green Building Council and its LEED (Leadership in Energy… Continue reading Trending: The Well Building Standard: A Worker Focused Performance Based Rating System
The Timeliness of Construction-Related Lawsuits – Recent Amendments to Fla. Stat. § 95.11(3)(c)
Morgan Foster | Shutts | September 20, 2018 In Florida, the allowed timeframe for bringing a lawsuit based either on a defect in the design, planning, or construction of a building or based on other improvements to real property is governed by Fla. Stat. § 95.11(3)(c). The Florida Legislature recently passed House Bill 875, effectively… Continue reading The Timeliness of Construction-Related Lawsuits – Recent Amendments to Fla. Stat. § 95.11(3)(c)
Florida Court Clarifies That Pre-Suit Notice for Construction Defect Claims Tolls Statute of Repose
Richard J. Maleski and Joseph F. Rich | Cozen O’Connor | September 20, 2018 Florida imposes a statutory requirement to provide pre-suit notice to recovery targets when the potential claim involves construction defects. While the required notice tolls the statute of limitations for such claims, an open question remained regarding what effect the notice would… Continue reading Florida Court Clarifies That Pre-Suit Notice for Construction Defect Claims Tolls Statute of Repose