Claim Barred by Florida’s Construction Defect Statute of Repose? Maybe Not. Florida Court Says You Should Read the Construction Contract More Closely

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

The Relevance and Reasonableness of Destructive Testing

David Adelstein | Florida Construction Legal Updates | August 12, 2017 Destructive testing is a routine investigatory procedure in construction defect disputes.   The destructive testing is necessary to determine liability (causation), the extent of damage, and the repair protocol.   Destructive testing is designed to answer numerous questions:  Why did the building component fail?  Was the… Continue reading The Relevance and Reasonableness of Destructive Testing

The Trouble With ‘Which’ and ‘That’

Gary Blake | Claims Journal | August 11, 2017 In my book, The Elements of Business Writing (Pearson Education), I have a section on “Misused and Troublesome Words.” Among the most troublesome pairs of words in English are which and that. Most people use them interchangeably, but each has its special place in communication. I wrote, “Ideally, that is used with a… Continue reading The Trouble With ‘Which’ and ‘That’

Can an Insured Recover from Their Insurance Broker If the Broker Fails to Obtain the Coverage Requested, or Misrepresents Coverage?

Kevin Pollack | Property Insurance Coverage Law Blog | August 18, 2017 If an insurance broker fails to obtain the insurance coverage requested or misrepresents the scope or extent of coverage, does an insured have a claim against the broker when the insurance they expected to cover their loss does not as a result of… Continue reading Can an Insured Recover from Their Insurance Broker If the Broker Fails to Obtain the Coverage Requested, or Misrepresents Coverage?

When is an Unforeseen Condition a “Differing Site Condition”?

Vernon Howerton | Texas Construction Law Blog | August 16, 2017 I was reviewing various articles I have written over the years and came across a prior version of this one about differing site conditions, written nearly twenty years ago.   I was curious – does this cup still hold water?  It does. Many construction contracts… Continue reading When is an Unforeseen Condition a “Differing Site Condition”?

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