Troy Vuurens | Butler Weihmuller Katz Craig | August 21, 2017 Claim professionals are often reminded that even the most meritorious claim is worthless if not filed within the applicable statute of limitations or statute of repose. In the world of construction defect claims, Florida law provides for a 10-year statute of repose. Under §… Continue reading Claim Barred by Florida’s Construction Defect Statute of Repose? Maybe Not. Florida Court Says You Should Read the Construction Contract More Closely
Tag: Construction Contract
Three Things to Consider Before Terminating Your Construction Contract
Joshua M. Pellant | Faegre Baker Daniels | June 5, 2017 The design and construction process is extraordinarily complex, and it rarely proceeds as planned and almost never conforms strictly to the contract documents. These documents often include hundreds of pages of general and special conditions, hundreds of drawing sheets, and thousands of pages of… Continue reading Three Things to Consider Before Terminating Your Construction Contract
The Unbearable Lightness of Being an Additional Insured
Eric A. Berg | Ogletree Deakins | February 7, 2017 The “additional insured” provision is one of the most critical provisions in a contract, yet is usually an afterthought. Contract negotiations over scope, schedule, and budget can and should demand your full attention, but the majority of legal problems that arise during and after a… Continue reading The Unbearable Lightness of Being an Additional Insured
Florida Court’s Decision Should be a Caution to General Contractors to Precisely Follow a Performance Bond Procedural Requirements
Brendan Carter | The Dispute Resolver | January 14, 2017 In Arch Insurance Company v. John Moriarty & Associates of Florida, Inc., 2016 U.S. Dist. LEXIS 172173, the U.S. District Court for the Southern District of Florida granted Summary Judgment to a surety after finding that a general contractor did not satisfy the procedural requirements… Continue reading Florida Court’s Decision Should be a Caution to General Contractors to Precisely Follow a Performance Bond Procedural Requirements
Construction One-Minute Read: Litigation Challenges With Collecting Attorneys’ Fees
Randolph E. Ruff and Jonathan M. Mraunac | Ogletree Deakins | October 31, 2016 It is common knowledge among construction litigators that in order for a contractor to recover attorneys’ fees from a subcontractor, the subcontract must specifically state that attorneys’ fees are recoverable. However, in litigation, the arguments impeding a contractor’s recovery of fees… Continue reading Construction One-Minute Read: Litigation Challenges With Collecting Attorneys’ Fees