Elizabeth Leonard | Cranfill Sumner Indemnification is a term often thrown about in construction litigation, and you will see it in most standard form construction contracts. But what actually is it, and how useful is it to have when it comes to litigation in the construction context? Indemnification is a means to shift the risk… Continue reading Different Types of Indemnity and Their Relative Enforceability in Construction Litigation
Category: Construction Law
Florida’s Tort Reform and its Impact on Subrogation
Matthew Peaire | Butler Weihmuller Katz Craig HB 837 was introduced to the Florida House of Representatives on February 15, 2023. The bill went quickly through the House of Representatives and Senate and was signed into law on March 24, 2023, by Governor Ron DeSantis. The bill was 39 pages long and addressed many aspects… Continue reading Florida’s Tort Reform and its Impact on Subrogation
Are You Prepared to Avoid Spoliation? The Duty to Preserve Begins Sooner Than You Might Think.
Michael Delulis | Burns & Levinson Few terms make litigators shudder like the dreaded spoliation; and for good reason. The consequences of a company’s failure to preserve evidence that might be relevant in prospective litigation can be severe. What many non-litigators (including in-house counsel) may not realize, however, is that decisions made before litigation counsel is… Continue reading Are You Prepared to Avoid Spoliation? The Duty to Preserve Begins Sooner Than You Might Think.
Plaintiffs Attorneys Rush to File Suits Before Tort-Reform Bill Signed into Law
William Rabb | Claims Journal The Florida Senate approved a take-no-prisoners tort-reform bill Thursday and it could be signed into law as soon as Friday. The bill, which extends limits on one-way attorney fees, assignments of benefits, and other provisions to most types of insurance claims, would take effect as soon as the ink is… Continue reading Plaintiffs Attorneys Rush to File Suits Before Tort-Reform Bill Signed into Law
Construction Litigation Roundup: “You Win Some, You Lose Some”
Daniel Lund III | Phelps Dunbar You win some, you lose some. A surety and its principal (the general contractor) in litigation concerning an Air Force project in Nevada prevailed in the case and sought to recover their attorneys’ fees. The dispute involved a first-tier subcontractor and the related subcontract, which contained an attorneys’ fees… Continue reading Construction Litigation Roundup: “You Win Some, You Lose Some”