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Recent Posts

DEFERENCE GIVEN TO ARBITRATION PROVISIONS

Posted on 12 August, 2013
The recent case of Pulte Home Corp. v. Bay at Cypress Creek Homeowner’s Association, Inc., 38 Fla. L. Weekly D1705a (Fla. 2d DCA 2012) involves a dispute by a homeowner’s association against its developer / homebuilder. In this case, the association sued the developer / homebuilder for...

LIEN TRANSFER BONDS AND VENUE

Posted on 12 August, 2013
The Fourth District Court of Appeals in Attaway Electric, Inc. v. Kelsey Construction, Inc., 38 Fla. L. Weekly D1693a (Fla. 4th DCA 2013)  recently ruled that an action on a lien transfer bond (posted pursuant to Fla. Stat. s. 713.24 in the county where the project...

A THIRD PARTY SUING A LIABILITY CARRIER

Posted on 17 July, 2013
It is important to understand liability coverage, especially if you are a third party seeking liability coverage.   Florida Statute s. 627.4136 provides in material part:     Under this statute, a third party cannot sue a liability policy seeking...

HOMEOWNERS ASSOCIATIONS AND COMMON LAW IMPLIED WARRANTIES

Posted on 17 July, 2013
The Florida Supreme Court’s decision in Maronda Homes, Inc. of Florida v. Lakeview Reserve Homeowner’s Association, Inc., 38 Fla. L. Weekly S573a (Fla. 2013) has been a long awaited decision for both homeowners associations and home builders.   This case started when a homeowners association...

APPRECIATING THE RISKS OR FRUSTRATIONS OF ARBITRATION

Posted on 11 July, 2013
Arbitration, just like litigation, can come with its own risks and frustrations. Once an arbitration award is rendered, the prevailing party will usually file an action or move to compel a circuit court to confirm the arbitrator’s award so that the award is...