William Collum and Michael Rainey | Butler Weihmuller Katz Craig In most circumstances involving an insurer’s extension of coverage for a property loss, an appraisal provision in an insurance policy provides an insured and an insurer a mechanism by which to resolve disagreements regarding the amount owed for that loss. If invoked, each party appoints… Continue reading The Continued Question Of Disinterested Appraisers For Florida Appraisals
Tag: Florida
Eleventh Circuit Finds No “Property Damage” Where Defective Component Failed to Cause Damage to Other Non-Defective Components
Anthony L. Miscioscia and margo Meta | White & Williams In Florida, damage caused by faulty workmanship constitutes “property damage;” however, the cost of repairing or removing defective work does not. Amerisure Mutual Insurance Company v. Auchter Company, 673 F.3d 1294 (11th Cir. 2012) (Auchter). But what happens when the cost of repairing or removing defective work… Continue reading Eleventh Circuit Finds No “Property Damage” Where Defective Component Failed to Cause Damage to Other Non-Defective Components
Important Florida Lien Law Update
Brian A. Wolf | Smith Currie & Hancock Under Florida law, a claim of lien must be recorded in the real property records within 90 days of the claimant’s last date of work. Many contractors and subcontractors wait as long as possible before recording a claim of lien to exhaust efforts to obtain payment without… Continue reading Important Florida Lien Law Update
Asserting Non-Disclosure Claim Involving Residential Real Property and Whether Facts are “Readily Observable”
David Adelstein | Florida Construction Legal Updates Under Florida law, there is a claim dealing with the purchase and sale of residential real property known as a Johnson v. Davis or a non-disclosure claim: “[W]here the seller of a home knows of facts materially affecting the value of the property which are not readily observable and are not known to… Continue reading Asserting Non-Disclosure Claim Involving Residential Real Property and Whether Facts are “Readily Observable”
Private Statutory Cause of Action Under Florida’s Underground Facility Damage Prevention and Safety Act
David Adelstein | Florida Construction Legal Updates Florida’s Underground Facility Damage Prevention and Safety Act is set forth in Florida Statutes Chapter 556. Any owner or operator of underground infrastructure as well as contractors that perform underground excavation and demolition operations are familiar (or, need to be familiar) with this Act and the requirements it imposes on… Continue reading Private Statutory Cause of Action Under Florida’s Underground Facility Damage Prevention and Safety Act