Mitigation of Damages in Construction Defect Claims: Applying Florida’s Avoidable Consequences Doctrine

Caroline Claire Turtle | Wilson Elser BackgroundA roofer for a sixty-five-townhome community is notified that the homeowners association of the townhome community has filed a claim alleging construction defects and resulting property damage related to the roofer’s scope of work. In the period between completion of the roofing work and the commencement of litigation, evidence… Continue reading Mitigation of Damages in Construction Defect Claims: Applying Florida’s Avoidable Consequences Doctrine

Florida Appeals Court Reinstates Roofing Contractor’s Breach of Contract Claim After Standing Dispute

Nathan R. Woods | Marshall Dennehey Florida Roof Masters (FRM) and Ms. Page signed a contract wherein FRM would provide roofing services at a cost of $18,000. Page paid $9,000 prior to services being completed but refused to pay the remaining balance upon completion. FRM hired a collection company to pursue the debt on their… Continue reading Florida Appeals Court Reinstates Roofing Contractor’s Breach of Contract Claim After Standing Dispute

11th Circuit Upholds Arbitration in Construction Contract Dispute, Rejects Jurisdiction Challenge by Subcontractor

Nathan R. Woods | Marshall Dennehey John Bell Construction (JBC) served as a subcontractor for Tutor Perini Corp. on the Miami-Dade County courthouse construction project for which Tutor Perini was the design-builder and Plenary Justice Miami, LLC (Plenary) was the developer. JBC sought to increase compensation for cement masons and tile setters from $13.76–$18.01 per… Continue reading 11th Circuit Upholds Arbitration in Construction Contract Dispute, Rejects Jurisdiction Challenge by Subcontractor

Florida Appeals Court Reinstates Roofing Contractor’s Breach of Contract Claim After Standing Dispute

Nathan R. Woods | Marshall Dennehey Florida Roof Masters (FRM) and Ms. Page signed a contract wherein FRM would provide roofing services at a cost of $18,000. Page paid $9,000 prior to services being completed but refused to pay the remaining balance upon completion. FRM hired a collection company to pursue the debt on their… Continue reading Florida Appeals Court Reinstates Roofing Contractor’s Breach of Contract Claim After Standing Dispute

Florida Trial Courts Demand Disclosure of AI Use in Pleadings

Esquire Deposition Solutions The two largest judicial districts in Florida will now require lawyers to certify whether artificial intelligence was used in any fashion to create pleadings filed in their courts. Legal research and document drafting, both common uses of generative artificial intelligence, are covered by the certification requirement, as are discovery materials such as… Continue reading Florida Trial Courts Demand Disclosure of AI Use in Pleadings