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Recent Posts

A LACK OF SOPHISTICATION WITH THE CONSTRUCTION CONTRACT CAN PLAY OUT IN AN UGLY DISPUTE

Posted on 16 October, 2022
There are times where a lack of sophistication can come back to haunt you.  This is not referring to a lack of sophistication of the parties.  The parties, themselves, could be quite sophisticated. This is referring to a lack of sophistication with the construction contract forming the basis of the...

DO NOT FILE A MILLER ACT PAYMENT BOND LAWSUIT AFTER THE ONE-YEAR STATUTE OF LIMITATIONS

Posted on 8 October, 2022
Under the Miller Act, a claim against a Miller Act payment bond must be commenced “no later than one year after the date on which the last of the labor was performed or material was supplied by the person bringing the action.” 40 U.S.C. s. 3133(b)(4).  Stated another...

THE INDEPENDENT TORT DOCTRINE (AND ITS IMPORTANCE)

Posted on 1 October, 2022
A non-construction raises an important legal principle.  Here it is because it applies to construction disputes.  It actually applies to many business-type disputes.  It is based on what is widely referred to as the independent tort doctrine:

Florida law does not allow a party damaged...

SUBSEQUENT PURCHASER CAN ASSERT CLAIMS FOR CONSTRUCTION DEFECTS

Posted on 25 September, 2022
Can a subsequent purchaser pursue construction defect claims relating to the original construction of the property?  This was the threshold issue on a motion for summary judgment by a drywall manufacturer against a subsequent purchaser of a home in Karpel v. Knauf Gips KG, 2022 WL...

CONCEALMENT OR FRAUD PROVISION IN INSURANCE POLICY

Posted on 17 September, 2022
It is common for insurance policies to have a concealment or fraud provision that ultimately says the policy is void if the insured engaged in fraudulent conduct, intentionally concealed or misrepresented material facts, or made false material statements.  In a nutshell, lying is bad, which includes intentionally withholding...