Jeffrey S. Wertman | Berger Singerman Chapter 558 of the Florida Statutes contains a pre-suit notice and opportunity-to-repair process for construction defect claims. The statute was intended to be a more efficient, alternative dispute resolution mechanism involving a property owner providing written notice of claim to the responsible contractor, subcontractor, supplier, or design professional as… Continue reading Does the Florida Legislature Finally Have a Fix to Construction Defect Law?
Tag: Florida
Florida Supreme Court Defines Damages Recoverable by First-Party Insureds in Actions Alleging Breach of Policy
Jeffrey Michael Cohen | PropertyCasualtyFocus In Citizens Property Insurance Corp. v. Manor House, LLC, the Florida Supreme Court recently answered “no” to the following question certified as a matter of “great public importance”: In a first-party breach of insurance contract action brought by an insured against its insurer, not involving suit under section 624.155, Florida Statutes,… Continue reading Florida Supreme Court Defines Damages Recoverable by First-Party Insureds in Actions Alleging Breach of Policy
Florida Adopts Less Stringent Summary Judgment Standard
John A. Rine and Sarah Hock | Lewis Brisbois On New Year’s Eve, Florida’s Supreme Court issued an amendment to essentially apply the federal summary judgment standard to cases in Florida state courts starting on May 1, 2021. See In Re: Amendments to Florida Rule of Civil Procedure 1.510, No. SC20 1490 (Fla. Dec. 31, 2020) (per curiam).… Continue reading Florida Adopts Less Stringent Summary Judgment Standard
A Consequential Ruling: Florida Supreme Court Rejects Recovery of Consequential Damages in First-Party Breach of Contract Actions
John David Dickenson, Chad A. Pasternack and Alexandra Schultz | Property Insurance Law Observer In first-party breach of insurance contract actions, the parties oftentimes dispute whether the policyholder may seek damages that are not explicitly provided for in the policy, with the policyholder arguing such indirect damages flow from the alleged breach of contract. By doing so,… Continue reading A Consequential Ruling: Florida Supreme Court Rejects Recovery of Consequential Damages in First-Party Breach of Contract Actions
10 Steps for Out-of-State Contractors to Get Licensed in Florida Without an Exam
Jason S. Lambert | Dinsmore In July 2020, Florida changed its contractor licensing statute to make it easier for contractors who have been licensed in other states for at least 10 years to obtain a Florida contractor license without having to take a licensing exam. While Florida has not entered into any formal reciprocity agreements… Continue reading 10 Steps for Out-of-State Contractors to Get Licensed in Florida Without an Exam