Amandeep S. Kahlon | Bradley Arant Boult Cummings | February 26, 2019 On January 25, 2019, a Florida appellate court certified the following question to the Florida Supreme Court: WHERE A CONTRACT EXPRESSLY REQUIRES A PARTY TO INSPECT, MONITOR, AND OBSERVE CONSTRUCTION WORK AND TO DETERMINE THE SUITABILITY OF MATERIALS USED IN THE CONSTRUCTION, BUT… Continue reading Appellate Court asks Florida Supreme Court: What Kind of Damages Are Repair Costs?
Tag: Florida
Bailout for an Improperly Drafted Indemnification Provision
David Adelstein | Florida Construction Legal Updates | December 22, 2018 A recent opinion came out that held that even though an indemnification provision in a subcontract was unenforceable per Florida Statute s. 725.06, the unenforceable portion is merely severed out of the indemnification clause leaving the rest of the clause intact. In essence, an otherwise invalid indemnification clause is bailed… Continue reading Bailout for an Improperly Drafted Indemnification Provision
Florida Federal Court Finds Insurer Must Defend Contractor in Defective Condo Construction Suit
Michael S. Levine | Hunton Andrews Kurth LLP | December 27, 2018 The United States District Court for the Middle District of Florida recently granted summary judgment in favor of developer, KB Homes, ruling that Southern Owners Insurance Co. must defend KB Homes under various Commercial General Liability policies. The action arises from the construction… Continue reading Florida Federal Court Finds Insurer Must Defend Contractor in Defective Condo Construction Suit
Florida Decides Against Adopting Daubert
Rahul Gogineni | Subrogation Strategist | December 12, 2018 In Delisle v. Crane Co., 2018 Fla. LEXIS 1883, 43 Fla. L. Weekly S 459, the Supreme Court of Florida reaffirmed that the appropriate test for admissibility of an expert opinion about new or novel scientific evidence is the “Frye” test, not the “Daubert” test. As result… Continue reading Florida Decides Against Adopting Daubert
Get Your Experts Opinions Nailed Down Ahead of Trial, or Else!
Erin Dunnavant | Property Insurance Coverage Law Blog | December 8, 2018 Recently, Florida’s Third District Court of Appeal found that a trial court abused its discretion by allowing the trial testimony of an insured homeowner’s expert when he expanded on his opinions during trial. The case is Citizens Property Insurance Corporation v. Vazquez.1 The loss… Continue reading Get Your Experts Opinions Nailed Down Ahead of Trial, or Else!