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Recent Posts

TRANSFERRING A LIEN TO A LIEN TRANSFER BOND DURING A LIEN FORECLOSURE LAWSUIT

Posted on 18 May, 2012
  When a construction lien is recorded, the lien can be transferred to a lien transfer bond (thereby removing the encumbrance or cloud on the property caused by the lien).   The procedure to transfer a lien to a...

INDEMNITY AGREEMENTS BETWEEN A SURETY AND ITS BOND PRINCIPAL

Posted on 15 May, 2012
Sureties that issue contractors payment and/or performance bonds obtain indemnity agreements with the contractor, or bond principal, prior to issuing such bonds. These indemnity agreements, besides requiring the bond-principal contractor to indemnify, defend, and hold harmless the surety in the event a claim is submitted...

THE CARDINAL CHANGE DOCTRINE

Posted on 15 May, 2012
The cardinal change doctrine is a doctrine that originated from government contract work in the United States Court of Federal Claims and, until recently, was not really discussed or applied in a Florida case. This changed when the Southern District of Florida in Hartford Casualty...

BUTTONING-UP CONTRACTUAL INDEMNIFICATION LANGUAGE

Posted on 15 May, 2012
A contractual indemnification provision is one of the most important provisions in construction contracts.   Owners want to be indemnified from the general contractor to the extent a person or entity performing a scope of the general contractor’s work asserts a claim against the owner or a...

STATUTORY IMPLIED WARRANTIES FOR CONDOMINIUM ASSOCIATIONS

Posted on 4 March, 2012
Statutory implied warranties are a valuable tool for condominium associations (as well as purchasers of units) of newly formed condominiums.  The warranties provide the association with direct claims to assert against the developer, the general contractor, subcontractors, and even suppliers, if...