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Recent Posts

QUALIFYING AGENTS AND COMMON LAW NEGLIGENCE

Posted on 19 September, 2015
Can a qualifying agent be sued for negligence?   Yes, there is authority for arguments to pursue a qualifying agent under a common law theory of negligence.    A qualifying agent is not individually...

DID I JUST BUY THE MONEY PIT?

Posted on 12 September, 2015
You bought a house.  Congratulations! You are all excited.  You move in, get settled, and then the dreadful happens.  You discover that the new house you bought contains water intrusion or other significant construction defects.   You begin to think...

STATUTE OF LIMITATIONS AND REPOSE FOR INDEMNIFICATION CLAIMS (STEMMING FROM CONSTRUCTION DEFECT)

Posted on 6 September, 2015
I have written articles regarding the statute of limitations and statute of repose relating to construction disputes governed under Florida Statute s. 95.11(3)(c):  

NEED TO BE A “CONTRACTOR” TO BE PROTECTED BY WORKERS COMPENSATION IMMUNITY

Posted on 31 August, 2015
Previously, I discussed the concept of “statutory employer” in the framework of workers compensation. Again, this concept is based on language in Florida Statute s. 440.10(1)(b) that provides:    

THE (j)(5) and (j)(6) DAMAGE TO PROPERTY EXCLUSIONS IN CGL POLICY

Posted on 25 August, 2015
The case of Essex Ins. Co. v. Kart Const., Inc., 2015 WL 4730540 (M.D.Fla. 2015) is an insurance coverage dispute.  In this case, a fire started after a contractor’s welding operations to the metal exterior of a tower that damaged components...