Brendan Carter | The Dispute Resolver | January 14, 2017 In Arch Insurance Company v. John Moriarty & Associates of Florida, Inc., 2016 U.S. Dist. LEXIS 172173, the U.S. District Court for the Southern District of Florida granted Summary Judgment to a surety after finding that a general contractor did not satisfy the procedural requirements… Continue reading Florida Court’s Decision Should be a Caution to General Contractors to Precisely Follow a Performance Bond Procedural Requirements
Tag: Florida
Application of Set-Off when a Defendant Settles in Multiparty Construction Dispute
David Adelstein | Florida Construction Legal Updates | December 23, 2016 The defense of set-off is an important defense in construction disputes, particularly multiparty disputes. For more information on this defense, please check out this article as it explains the application of set-off in civil disputes in detail. The issue of set-off will come up… Continue reading Application of Set-Off when a Defendant Settles in Multiparty Construction Dispute
Construction Defect Litigation: Will the Florida Supreme Court End the Battle?
Joshua M. Atlas | Daily Business Review | November 23, 2016 The Florida construction industry will wait to find out if state law requires general liability insurers to defend contractors from claims during the pre-litigation defect process outlined in Chapter 558, Florida Statutes. That is because a recent decision by the U.S. Court of Appeals… Continue reading Construction Defect Litigation: Will the Florida Supreme Court End the Battle?
Consequential Damages Flowing from Construction Defect Not Covered Under Florida Law
Tred R. Eyerly | Insurance Law Hawaii | November 16, 2016 Interpreting Florida law, the United States District Court found there was no duty to defend a contractor against construction defect claims. Evanston Ins. Co. v. Dimmucci Dev. Corp. of Ponce Inlet, Inc., 2016 U.S. Dist. LEXIS 123678 (M.D. Fla. Sept 13, 2016). The insured… Continue reading Consequential Damages Flowing from Construction Defect Not Covered Under Florida Law
Is a Property Owner Required to Accept Its Contractor’s Offer to Repair Construction Defects
Jeffrey S. Wertman | Berger Singerman LLP | November 8, 2016 A question that frequently arises after a construction project is whether a property owner should accept its contractor’s offer to repair construction defects. The scenario goes something like this. Shortly after a contractor completes a construction project, the property owner discovers the contractor’s… Continue reading Is a Property Owner Required to Accept Its Contractor’s Offer to Repair Construction Defects