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Recent Posts

WATERING DOWN THE 10 YEAR STATUTE OF REPOSE PERIOD FOR CONSTRUCTION DEFECT DISPUTES

Posted on 8 November, 2013
Yes, it appears that the Second District Court of Appeals in Clearwater Housing Authority v. Future Capital Holding Corp., 38 Fla. L. Weekly D2323a (2nd DCA 2013), just entered an opinion that has watered down the ten year statute of repose for construction disputes. That is right...

WHAT IS SUBSTANTIAL COMPLETION?

Posted on 8 November, 2013
The term “substantial completion” is in most construction contracts. And, it should be. This date marks the date the owner expects to be able to use its project for its intended purpose and, if it cannot, the contractor will (likely) be assessed liquidated damages...

DIFFERENCE BETWEEN A DESIGN AND PERFORMANCE SPECIFICATION AND THE SPEARIN DOCTRINE

Posted on 3 November, 2013
The difference between a design specification and a performance specification is important under what is known as the Spearin doctrine--the implied warranty of constructability doctrine--based on the United Supreme Court case U.S. v. Spearin, 248 U.S. 132 (1918). The Spearin doctrine is recognized...

WHAT TRIGGERS A LIABILITY INSURER’S DUTY TO DEFEND

Posted on 31 October, 2013
Parties in construction absolutely need to understand what triggers the duty of a liability insurer to defend a lawsuit. This needs to be understood not only by the insured-party being sued, but by the entity suing the insured-party. A liability insurer’s duty to defend its...

A CERTIFICATE OF INSURANCE IS NOT INSURANCE COVERAGE

Posted on 29 October, 2013
Owners always want to see the certificate of insurance (“COI”) from the general contractor. The general contractor wants to see the COI from its subcontractors. Parties want to see the COI from an entity they are hiring to confirm they have applicable insurance (

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