SPEARIN DOCTRINE CAN APPLY IN DESIGN-BUILD CONTEXT
The Spearin doctrine is a doctrine in the construction industry that broadly means the owner impliedly warrants the constructability of the plans and specifications given to the contractor. This implied warranty attaches to a design specification, but not a performance specification. A question arises as...
FLORIDA RECOGNIZES TWO TYPES OF SUBROGATION: (1) CONVENTIONAL SUBROGATION; AND (2) EQUITABLE SUBROGATION
A note on subrogation.
There are two types of subrogation recognized in Florida: (1) conventional subrogation; and (2) equitable subrogation.
“‘Conventional subrogation arises or flows from a contract between the parties establishing an agreement that the party paying...
FOLLOW THE DISPUTE RESOLUTION PROVISION(S) IN YOUR CONTRACT
When you are in a dispute, one of the first things you want to look at is the dispute resolution provision(s) in your contract. What does the provision(s) say? (There could be more than one provision.) Do you need to mediate first? Are disputes decided via...
MAKE SURE YOU COMPLY WITH FLORIDA’S PRE-SUIT NOTICE REQUIREMENTS FOR CONSTRUCTION DEFECTS
Welcome to Florida! If you deal with construction defects in Florida, then you know, or certainly should know, about Florida Statutes Chapter 558. Chapter 558 contains the pre-suit notice requirements before instituting a construction defect lawsuit. They are a...
…MORE ON DELAY CLAIMS AND THE BURDEN OF PROOF SUBSTANTIATING DELAY
How about some more on DELAY claims and the burden of proof substantiating delay.
Delay claims can no doubt be complex – factually and legally. They warrant expert opinions further bolstered by fact witness testimony from the folks that lived the details and issues. If...
About The Author
David Adelstein
Phone: (954) 361-4720
Email: Dadelstein@gmail.com