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
Tag: Florida
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
Final Furnishing Date is a Question of Fact
David Adelstein | Florida Construction Legal Updates | November 7, 2016 Construction liens need to be recorded within 90 days from the lienor’s final furnishing date on the project. This date is exclusive of punchlist or warranty work. The final furnishing date needs to be proven at trial to establish that the construction lien was… Continue reading Final Furnishing Date is a Question of Fact