Mordy Mednick | Dickinson Wright Suppose you own a commercial building and intend to lease it to various tenants. But before you do, you need to make a number of improvements, so you hire a contractor. The contract between you and the contractor is expected to last approximately one year. However, about seven months into… Continue reading Your Contractor Messed Up. Can you Fire Them?
Tag: Right to Repair
Right to Repair Unintended Utilization
Advise & Consult, Inc. “Right to Repair” is a trend, that while becoming an increasingly popular option given that property insurance policies include wording giving insurers this power. Unfortunately, while becoming more common, and while the provision sounds like a good idea in theory, is not being utilized by insurers in the way that was… Continue reading Right to Repair Unintended Utilization
Florida’s Fourth District Appeals Court Clarifies What Actions Satisfy Florida’s Construction Defect Statute of Repose
Rahul Gogineni | The Subrogation Strategist | October 29, 2018 In Gindel v. Centex Homes, 2018 Fla.App. LEXIS 13019, Florida’s Fourth District Court of Appeal recently concluded that the date on which the plaintiffs provided a pre-suit notice in compliance with §558.004 of Florida’s construction defect Right-to-Cure statute, Fla. Stat. §§ 558.001 to 558.005, et. seq.,… Continue reading Florida’s Fourth District Appeals Court Clarifies What Actions Satisfy Florida’s Construction Defect Statute of Repose
The “Right to Repair” Construction Defects in the Rocky Mountain and Plains Region
Jean Meyer and Sheri Roswell | Higgins, Hopkins, McLain & Roswell, LLC | September 25, 2018 In excess of 30 states have enacted tort reform legislation requiring property owners to notify construction professionals of the presence of alleged construction defects prior to the commencement of a lawsuit. These statutes also often permit construction professionals to… Continue reading The “Right to Repair” Construction Defects in the Rocky Mountain and Plains Region
Policyholder Must Pay Deductible When Insurance Company Invokes Right to Repair a Partial Loss
Ashley Harris | Property Insurance Coverage Law Blog | May 1, 2018 Recently, the Second District Court of Appeal affirmed the dismissal of a class action against Omega Insurance Company in which the policyholders asserted that Omega improperly required them to pay a deductible when Omega invoked its right to repair the property. In Ganzemullers v.… Continue reading Policyholder Must Pay Deductible When Insurance Company Invokes Right to Repair a Partial Loss