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Recent Posts

ARE YOU SURE YOU WANT TO ARBITRATE?!?

Posted on 14 July, 2014
Arbitration is a hot topic in dispute resolution as parties need to dictate in their contracts whether they want to arbitrate disputes arising out of their contract or, if not, litigate their disputes.   Recently, I discussed a

SURETY BONDING – THE NUTS & BOLTS

Posted on 12 July, 2014
Surety bonding is necessary in construction, particularly on federal and Florida public projects where the contractor is required to furnish a payment and performance bond.  Even certain owners of large-scale private projects want their contractor to obtain a payment and performance bond.  Understanding...

THE ALL MIGHTY GENERAL AGREEMENT OF INDEMNITY WITH THE SURETY

Posted on 8 July, 2014
Sureties do not issue bonds (e.g., payment or performance bonds) unless the principal and the principal’s personal guarantors execute a General Agreement of Indemnity (“Indemnity Agreement”).  The Indemnity Agreement routinely requires that the principal / guarantors: (1) defend and indemnify the surety for...

“FORFEITURE” PROVISIONS IN INSURANCE POLICIES

Posted on 3 July, 2014
Insurance policies contain what are referred to as “forfeiture” provisions.  These are provisions where an insured through its actions / conduct can arguably forfeit coverage under the policy for a peril or claim that would otherwise be covered under the policy.  Typical examples...

MILLER ACT REQUIREMENT FOR SUPPLIER ON AN ONGOING OR OPEN ACCOUNT

Posted on 1 July, 2014
Suppliers oftentimes rent or furnish supplies or equipment on credit to a customer (such as a subcontractor) on an ongoing or open account.  Under this scenario, the supplier typically has its customer enter into a credit application (ideally, where...