Robert Alfert, Jr. and Edward R. Philpot | Nelson Mullins Riley & Scarborough LLP | November 2, 2018 “Litigation is a basic legal right guaranteeing every corporation its decade in court.” Attributed to David Porter, Executive Vice President of Microsoft. Most courts and juries are ill-equipped to handle complex business and technical litigation matters, yet most… Continue reading Rethinking the Boilerplate: Alternative Dispute Resolution Procedures in Construction Contracts
Month: November 2018
Construction Contracts in the USA
Craig Ledet, Martha Buttry Daniels, Scott A. Greer and Mike Stenglein | King & Spalding LLP | September 11, 2018 Contracts and performance Standard contract forms What standard contract forms are used for construction projects in your jurisdiction? To what extent do parties deviate from these standard forms? U.S. construction projects do not rely on… Continue reading Construction Contracts in the USA
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
California Wildfires and Related Insurance Claims Show No Signs of Stopping
Lindsey Davis | Zelle LLP | November 15, 2018 “We can’t stop and we won’t stop.” Is this the refrain to a Miley Cyrus song, the creed of the thousands of firefighters currently battling California’s wildfires, or the mantra of the fires themselves? While any self-respecting Miley fan knows these are the lyrics to her… Continue reading California Wildfires and Related Insurance Claims Show No Signs of Stopping
Policy Conditions and Substantial Compliance in Florida—There is a Pulse!
Deborah Trotter | Property Insurance Coverage Law Blog | November 18, 2018 A recent Florida appellate opinion addresses common issues regarding the death blow or failure to comply with policy conditions. It should be well-known that a material breach of a policy condition may be fatal to a claim and grounds for voiding the policy.… Continue reading Policy Conditions and Substantial Compliance in Florida—There is a Pulse!