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Recent Posts
PROVING AND DEFENDING AGAINST CONSTRUCTION DEFECT DAMAGES

PROVING AND DEFENDING AGAINST CONSTRUCTION DEFECT DAMAGES

Posted on 18 July, 2025
Recent decisions in Florida (see here) have harshly come out against owners in construction defect cases that fail to properly measure their damages as of the date of the breach. The result has been a big "L" for owners in these cases based on an...
QUICK NOTE: LIABILITY INSURER’S DUTY TO DEFEND AND DUTY TO INDEMNIFY

QUICK NOTE: LIABILITY INSURER’S DUTY TO DEFEND AND DUTY TO INDEMNIFY

Posted on 14 July, 2025
A liability insurer has two duties: a duty to defend and a duty to indemnify.  A recent insurance coverage dispute summarizes these two duties, which are critical for parties to understand and appreciate in the context of insurance coverage claims:

An insurance company's duty to defend is distinct from...

QUICK NOTE: DOCTRINE OF REASONABLE EXPECTATIONS DOES NOT APPLY TO INSURANCE POLICIES

QUICK NOTE: DOCTRINE OF REASONABLE EXPECTATIONS DOES NOT APPLY TO INSURANCE POLICIES

Posted on 13 July, 2025

The doctrine of “reasonable expectations” does NOT apply to insurance policies.  Catalina West Homeowners Association, Inc. v. First Community Ins. Co., 50 Fla.L.Weekly D1318a (Fla. 3d DCA 2025).  " ‘Under this doctrine, the insured's expectations as to the scope of coverage is upheld provided that such expectations are...

LACK OF CREDIBILITY CAN DESTROY A CLAIM

LACK OF CREDIBILITY CAN DESTROY A CLAIM

Posted on 12 July, 2025

Lack of credibility can undermine your claim in a HUGE way.  That lack of credibility can come from a party or a party’s expert. In Appeal of ECC International Constructors, LLC, ASBCA No. 59586, 2025 WL 1357784 (ASBCA 2025), a contractor's

QUICK NOTE: TERMINATION FOR CONVENIENCE PROVISIONS GIVE A PARTY BROAD DISCRETION TO END A CONTRACTUAL RELATIONSHIP

QUICK NOTE: TERMINATION FOR CONVENIENCE PROVISIONS GIVE A PARTY BROAD DISCRETION TO END A CONTRACTUAL RELATIONSHIP

Posted on 9 July, 2025
In a recent case, Tripro Consulting, LLC v. CACI-Inc.-Federal, 2025 WL 1832849 (MD Fla. 2025), a cybersecurity subcontractor argued it was improperly terminated under a provision that allowed the contractor to terminate it for convenience if it was in the contractor or government's (owner) best interest. An...