Douglas K. Gartenlaub | Burr & Forman LLP | December 7, 2017 In Cypress Fairway Condo. v. Bergeron Constr. Co., 164 So. 3d 706 (Fla. 5th DCA 2015) the 5th District Court of appeals defined “completion of the contract” to mean completion of performance by both sides of the contract, not merely performance by the contractor. In… Continue reading Florida Statute 95.11(3)(C) Has Been Amended to Address the Ruling in Cypress Fairway Condo. V. Bergeron Constr. Co.
Tag: Florida
Is The Frye Standard Making A Comeback In Florida?
Matthew I. Rochman | Proskauer Rose LLP | October 26, 2017 On July 11, 2017, the Florida Supreme Court accepted jurisdiction of a case in which it is expected to finally decide, conclusively, whether Florida courts are to apply the Frye or Daubert standard to determine admissibility of expert or scientific evidence. The Frye standard, which was adopted in Florida in… Continue reading Is The Frye Standard Making A Comeback In Florida?
Windstorm Insurance May Not Be Your Only or Best Option
John A. Moore | Daily Business Review | October 2, 2017 As commercial and residential property owners in South Florida assess their damage after Hurricane Irma they should be cognizant that a claim against their own windstorm insurance may not be the only or best option. This is true in part because making a claim… Continue reading Windstorm Insurance May Not Be Your Only or Best Option
Insurance Coverage in Concurrent Cause Cases: Florida Supreme Court Decides District Split in Favor of Coverage
Elizabeth B. Fata | Claims Journal | August 9, 2017 On December 1, 2016, the Florida Supreme Court held in an insurance coverage case that “when independent perils converge and no single cause can be considered the sole or proximate cause, it is appropriate to apply the concurring cause doctrine.” This decision came on the heels… Continue reading Insurance Coverage in Concurrent Cause Cases: Florida Supreme Court Decides District Split in Favor of Coverage
Claim Barred by Florida’s Construction Defect Statute of Repose? Maybe Not. Florida Court Says You Should Read the Construction Contract More Closely
Troy Vuurens | Butler Weihmuller Katz Craig | August 21, 2017 Claim professionals are often reminded that even the most meritorious claim is worthless if not filed within the applicable statute of limitations or statute of repose. In the world of construction defect claims, Florida law provides for a 10-year statute of repose. Under §… Continue reading Claim Barred by Florida’s Construction Defect Statute of Repose? Maybe Not. Florida Court Says You Should Read the Construction Contract More Closely