Matthew Lavisky | Butler Weihmuller Katz Craig The Florida Supreme Court ended 2020 with a bang! The Supreme Court amended Florida Rule of Civil Procedure 1.510 to adopt the federal summary judgment standard. This change will affect different types of civil litigation in varying ways. Here, we discuss how the change will affect bad faith litigation. Background of the amendment In 2019, Florida’s Fifth District Court of Appeal… Continue reading How will Florida’s Amended Summary Judgment Standard Affect Bad Faith Cases?
Tag: Florida
Comparative Breach of Contract – The New Benefit of the Bargain in Construction?
Steven Hoffman, Esq. | Florida Construction Law News Ask most Florida Construction Law practitioners, and you will likely hear that liability may not be apportioned in “pure” breach of contract cases via the Comparative Fault Act, section 768.81, Florida Statutes (the “Act”). If a material breach is a “substantial factor” in causing damages, the breaching… Continue reading Comparative Breach of Contract – The New Benefit of the Bargain in Construction?
Don’t do this When it Comes to Construction Liens
David Adelstein | Florida Construction Legal Updates When it comes to preparing and recording a construction lien, this case is an example of what NOT TO DO! I mean it — this exemplifies what NOT TO DO! It is also a case study of why a party should always work with counsel in preparing a… Continue reading Don’t do this When it Comes to Construction Liens
Florida Appellate Court Holds Anti-Concurrent Cause Provision in Exclusion Excludes Entire Loss When a Covered Cause Occurs Concurrently With an Excluded Cause
Derek R. Lenzen | Phelps Dunbar A Florida appellate court held that where water damaged property through walls and windows (an excluded cause) and also through a door (a covered cause), the all-risk policy’s anti-concurrent cause provision controls, and coverage for the entire loss is excluded. Security First Ins. Co. v. Czelusniak, 45 Fla. L.… Continue reading Florida Appellate Court Holds Anti-Concurrent Cause Provision in Exclusion Excludes Entire Loss When a Covered Cause Occurs Concurrently With an Excluded Cause
Uniformity in Florida’s Construction Bond Laws Brings About Fairness for the Industry
Gary L. Brown | Construction Executive Before Florida updated its laws for construction bonds, there were some significant differences between how liens and bond claims were litigated. Forms and procedures lacked uniformity that created unnecessary challenges for the construction industry and legal practitioners serving the industry. Now, more consistency among the laws should benefit contractors,… Continue reading Uniformity in Florida’s Construction Bond Laws Brings About Fairness for the Industry