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Recent Posts

UTILIZING EXPERT WITNESSES FOR CONSTRUCTION DISPUTES

Posted on 14 January, 2015
Expert witnesses are an integral part of construction disputes.  An expert assists a party in proving or disproving liability or damages. In construction disputes, an expert could be used relating to a construction or design defect, a delay, an inefficiency, the standard of care, building code violations,...

DESIGN PROFESSIONAL’S DUTY OF CARE NOT EXTENDED TO SUBCONTRACTORS

Posted on 8 January, 2015
In construction defect lawsuits, subcontractors responsible for the alleged deficient work or damage are third-partied into the lawsuit by the general contractor that hired them.  And, sometimes, an owner (or...

PREMISE LIABILITY CLAIMS AND THE DUTY OF CARE OWED TO CONTRACTORS

Posted on 3 January, 2015
Premise liability claims are a concern to persons engaging a contractor (a business invitee) to perform renovation, maintenance, or repair work on property they own or lease.  These are claims where a person injures himself / herself on another’s premises and sues the owner (and/or tenant)...

DON’T MESS WITH THE GENERAL AGREEMENT OF INDEMNITY

Posted on 31 December, 2014
I have previously posted articles about the all mighty General Agreement of Indemnity (“Agreement of Indemnity”) that a surety requires a contractor bond-principal and designated guarantors to execute before issuing payment and performance bonds to...

CHART SUMMARIZING ENFORCEMENT OF CONSTRUCTION LIEN AND PAYMENT BOND RIGHTS

Posted on 30 December, 2014
Previously, I included a chart that summarizes the preliminary notice requirements for construction liens and payment bonds in Florida.  This chart focuses on steps a potential lienor / claimant must undertake to preserve lien or payment bond...