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Recent Posts

UNDERSTANDING YOUR RIGHTS AS AN ADDITIONAL INSURED

Posted on 9 March, 2013
Being an additional insured is a topic discussed, and it absolutely should be, in the negotiation of construction contracts. It is an important part of risk management in construction. An owner wants its contractor and consultants to name it as an additional insured under their...

THE SLOW OR NOT SO SLOW DEATH OF THE ECONOMIC LOSS RULE

Posted on 9 March, 2013
What is the economic loss rule in Florida? The answer -- who really knows anymore.   The economic loss rule was a rule that applied in two scenarios. Under the first scenario, the economic loss rule said that if parties were in...

MORE ON THE HARSH REALITIES OF CONTRACTORS NOT BEING PROPERLY LICENSED

Posted on 16 February, 2013
Previously, we posted an article about the Florida’s court’s decision in Earth Trades, Inc. v. T&G Corp., 2013 WL 264440 (Fla. 2013), which demonstrates the huge risk an unlicensed contractor undertakes by entering into a contract based on Florida Statute s. 489.128 that would render...

THE HARSH REALITIES OF A CONTRACTOR NOT BEING PROPERLY LICENSED

Posted on 16 February, 2013
The recent Florida Supreme Court’s decision in Earth Trades, Inc. v. T&G Corp., 2013 WL 264440 (Fla. 2013), demonstrates the harsh realities for an unlicensed contractor. In this case, a general contractor hired a site subcontractor. The subcontractor, alleging nonpayment, filed suit against the contractor and the...

FURTHER CONFUSION TO RECOVERING ATTORNEYS’ FEES IN A LIEN ACTION

Posted on 23 November, 2012
Recovering attorneys’ fees in a lien action is becoming more and more convoluted. Recent caselaw has made it more challenging for a party prevailing in a lien action to recover their attorneys’ fees. Now, the test to recover attorneys’ fees is the “significant issues test,” i.e., which...