Shannon Alfonso | Butler Weihmuller Katz Craig Florida’s First District Court of Appeals delivered a clear warning to policyholders and their counsel in Bailetti v. Universal Property & Cas. Ins. Co., — So. 3d —, 2025 WL 2845101 (Fla. 1st DCA Oct. 8, 2025): a breach of contract suit must be grounded in a breach that… Continue reading Don’t Put the Suit Before the Proof: Bailetti’s Message on Premature Breach Suits
Contractors May Need To Formally “Invoice” All Costs To Protect Interest Rates
Trevor Lane | Beresford Booth In any construction project, when changes, modifications, alterations, or deviations are ordered, the risk for delays and extra costs is high. Contractors obligated to implement and supply those changes are vulnerable, incurring costs that may not be paid timely or even paid at all. As a result, contractors often include… Continue reading Contractors May Need To Formally “Invoice” All Costs To Protect Interest Rates
Understanding the Ostensible Subcontractor Rule: Avoiding Hidden Affiliation Risks in Small Business Contracting
Aron C. Beezley and Gabrielle A. Sprio | BuildSmart The Small Business Administration’s (SBA) ostensible subcontractor rule remains one of the most consequential — and misunderstood — affiliation principles in federal procurement. For small businesses pursuing set-aside contracts, failing to navigate this rule properly can result in bid protests, loss of eligibility, and even contract… Continue reading Understanding the Ostensible Subcontractor Rule: Avoiding Hidden Affiliation Risks in Small Business Contracting
Mediation Aspects of SB940 in California: The Tiers Structure for Mediator Certification
American Arbitration Association Welcome back to Mediation Aspects of SB940 in California, a series providing updates on Business and Professions Code 6173 which created a voluntary certification program for mediators and other alternative dispute resolution (ADR) professionals in California. The new program “aims to promote adherence to ethical standard for ADR services and establish consumer… Continue reading Mediation Aspects of SB940 in California: The Tiers Structure for Mediator Certification
Don’t Spoil It! The Line Between the Need for Repairs and Spoliation of Evidence
J. Daniel Weidner and Kaci M. Claborn | Koley Jessen When construction disputes arise, your first instinct may be to repair any defects immediately. However, acting too quickly can lead to unintended legal consequences. This issue, known as spoliation of evidence, occurs when evidence critical to a lawsuit is altered, destroyed, or otherwise not preserved. For… Continue reading Don’t Spoil It! The Line Between the Need for Repairs and Spoliation of Evidence