David Adelstein | Florida Construction Legal Updates A recent appellate opinion starts off, “This is a typical South Florida construction dispute.” (See case citation at the bottom) Let’s see, is it? No. It’s a garden variety payment dispute where the parties did NOT have a binding contract. Why? That’s for a different day (because the smart… Continue reading Unjust Enrichment Claims When There is no Binding Contract
Tag: Florida
Florida District Court Rules Four-Year Statute of Limitations Governs Construction-Based Malpractice Claims Against Design Professionals
Lindsay McCormick | Marshall Dennehey Florida Statute § 95.11 sets the statutes of limitations for numerous claims, but as it relates to construction-related professional negligence claims, there has been a dispute and uncertainty as to whether the two-year or four-year limitation provisions apply. Under Fla. Stat. § 95.11(4)(a), “an action for professional malpractice, other than… Continue reading Florida District Court Rules Four-Year Statute of Limitations Governs Construction-Based Malpractice Claims Against Design Professionals
Key Amendments to Florida’s Construction Lien Law: An Overview
Corey Etcheverry | Saul Ewing Florida’s lien law is once again under construction with significant changes which went into effect on October 1, 2023. The amendments impact various aspects of lien rights, notice requirements, bond amounts, and attorney fee recovery. Key Provisions and Implications These amendments make critical changes to Florida’s lien laws and will… Continue reading Key Amendments to Florida’s Construction Lien Law: An Overview
Could Appeal Decision in Florida Roof Case Lead to More Expert Witness Challenges?
William Rabb | Claims Journal Universal Property & Casualty Insurance Co. will have to go back to court to show how an insured’s roof expert was in error when he used questionable data and failed to inspect the claimed damage before a south Florida home was reroofed. The case is another skirmish in what Florida… Continue reading Could Appeal Decision in Florida Roof Case Lead to More Expert Witness Challenges?
Fla. Public Adjusters Can’t Act as Appraisers if Fees Exceed Statutory Cap
William Rabb | Claims Journal Public adjusters cannot double as appraisers in claims disputes if their total fees exceed the statutory cap, a Florida appeals court decided Wednesday in what may be seen as another win in property insurers’ long battle against tactics allegedly employed by some public adjusters. The decision in Monarch Claims Consultants… Continue reading Fla. Public Adjusters Can’t Act as Appraisers if Fees Exceed Statutory Cap