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Recent Posts

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...

VENUE FOR PAYMENT BOND DISPUTES IN FLORIDA

Posted on 9 July, 2013
Two main Florida payment bond statutes are Florida Statute s. 713.23 (payment bonds for private projects) and Florida Statute s. 255.05 (payment bonds for Florida public projects-not federal projects). Both statutes prohibit a payment bond...

TAKING THE TIME TO UNDERSTAND ASSIGNMENT, ASSET-PURCHASE OR ASSUMPTION OF LIABILITY AGREEMENTS TO CREATE ARGUMENTS AGAINST THE ASSIGNEE OR BUYER

Posted on 6 July, 2013
Assignment agreements, asset-purchase agreements, or other assumption of obligation agreements (collectively, “Assumption Agreements”) are documents that are not unique to the construction industry. There are numerous corporate and business reasons why these documents are executed, whether it being a contractor selling its assets to another...