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THE DEFENSE OF BETTERMENT IN CONSTRUCTION DEFECT DISPUTES

Posted on 7 November, 2015
There is an affirmative defense referred to as betterment in construction defect cases.  This is a defense raised to challenge the amount of damages incurred by the plaintiff when the plaintiff performs repairs BETTER than the original design / contract documents.  See Grossman...

CONDITIONAL PAYMENT BONDS AND TRANSFERRING A LIEN TO THAT BOND

Posted on 31 October, 2015
There are two types of statutory payment bonds that can be furnished on private construction projects in Florida: (1) unconditional payment bonds issued pursuant to Florida Statute s. 713.23 and (2)...

TENDERING UNDISPUTED SUMS TO CUT OFF ACCRUAL OF INTEREST

Posted on 17 October, 2015
Disputes over the quantum of money owed are not uncommon.  For instance, say a subcontractor claims it is owed $500,000 from the general contractor and the general contractor disputes this amount.   Say that of this $500,000, $300,000 is undisputed contract balance and $200,000 is disputed...

A FORUM SELECTION PROVISION IN A SUBCONTRACT CAN BENEFIT A MILLER ACT PAYMENT BOND SURETY

Posted on 10 October, 2015
The recent opinion in U.S. ex rel. Galvin Bros., Inc. v. Fidelity and Deposit Co. of Maryland, 2015 WL 5793346 (E.D.N.Y. 2015) illustrates when a forum selection provision in a subcontract can benefit a Miller Act payment bond surety.  

ENSUING LOSS EXCEPTION IN PROPERTY INSURANCE POLICIES

Posted on 3 October, 2015
Property insurance policies such as builder’s risk policies contain a design defect / faulty workmanship exclusion (as well as other exclusions for excluded risks or perils).  But, certain exclusions such as the design defect...