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Recent Posts

UNDERSTANDING AN INSURER’S SUBROGATION RIGHTS

Posted on 30 May, 2013
There are situations where an owner sues its property insurer (or builders risk insurer) in addition to suing its contractor or design professional for defects / damage. Sometimes, the owner’s lawsuit against its insurer is filed simultaneously with the lawsuit against its contractor and sometimes it is...

UNDERSTANDING COMMON LAW INDEMNITY

Posted on 22 May, 2013
Common law indemnification is a "common" third party claim in multi-party litigation, particularly construction defect litigation. For instance, if a general contractor is sued by an owner for defects, the contractor may third party in the applicable subcontractors and assert a common law indemnification theory against the...

THE DIFFERENCE BETWEEN LOST PROFIT AND LOSS OF USE DAMAGES

Posted on 15 May, 2013
Lost profits are a type of damages that are sometimes thrown around in a litigation.  However, these damages are very difficult to establish and prove and they really require expert testimony.  If the theory to recover lost profits is speculative, or the way the lost...

SUBCONTRACTORS – READ AND UNDERSTAND THE IMPLICATIONS OF VENUE PROVISIONS

Posted on 15 May, 2013
Subcontracts often have venue provisions. However, these are often overlooked until a dispute arises. In many instances, the venue provision requires disputes to be brought in a court in a different venue than where the project is located. This could have the adverse effect of...

SUPPORTING CONSTRUCTION DEFECT DAMAGES WITH AN ESTIMATE

Posted on 25 April, 2013
One of the issues in construction defect disputes is whether the owner can prove damages with an estimate, which is often the case. Recently, in Kritikos v. John T. Anderson d/b/a Anderson Builders, et al., 38 Fla. L. Weekly D931a (Fla. 4th DCA 2013), the...