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Recent Posts

MILLER ACT STATUTE OF LIMITATIONS AND EQUITABLE TOLLING

Posted on 4 June, 2022
When it comes to a Miller Act payment bond claim, there is a one-year statute of limitations—“The Miller Act contains a statute of limitations provision that requires actions to ‘be brought no later than one year after the day on which the last of the labor was performed...

QUICK NOTE: PHYSICAL LOSS OR DAMAGE UNDER PROPERTY INSURANCE POLICY = ACTUAL, TANGIBLE ALTERATION TO PROPERTY

Posted on 30 May, 2022
In one of Florida’s first appellate opinions dealing with business interruption losses and COVID-19, the appellate court found COVID-19 was not covered under the terms of the commercial property insurance policy to cover business interruption losses.  In this case, a restaurant/bar suffered losses due to emergency measures imposed by Miami Dade...

DOES THE UCC APPLY TO THE CONTRACT FOR THE SALE OF GOODS AND SERVICES

Posted on 29 May, 2022
What governs the transaction for the hybrid contract that includes both goods and services--the Uniform Commercial Code (UCC) or the common law?  A question that is asked in numerous disputes.  A good example is the recent case out of the Eleventh Circuit Court of Appeals, Wadley Crushed Stone Company, LLC v....

QUICK NOTE: ATTORNEY’S FEES ON ATTORNEY’S FEES

Posted on 22 May, 2022
In a recent case, the appellate court held that the attorney's fees provision in the contract was NOT broad enough to entitle the prevailing party to recover attorney's fees for litigating the amount of attorney's fees.  This is known as "fees on fees" which is when...

FILING LIEN FORECLOSURE LAWSUIT AFTER SERVING CONTRACTOR’S FINAL PAYMENT AFFIDAVIT

Posted on 21 May, 2022
If you are an unpaid contractor in direct contract with the owner of real property, you should be serving a Contractor’s Final Payment Affidavit prior to foreclosing on your construction lien.  This should extend to any trade contractor hired directly by the owner.  As a matter of course,...