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Recent Posts

ELEVENTH CIRCUIT’S NOTEWORTHY DISCUSSION ON BAD FAITH INSURANCE CLAIMS

Posted on 2 October, 2021
The Eleventh Circuit Court of Appeal's opinion in Pelaez v. Government Employees Insurance Company, 2021 WL 4258821 (11th Cir. 2021) is a non-construction case that discusses the standard for pursuing a bad faith claim against an insurer.   This case dealt with an automobile accident. While the facts of the case...

MEASURE OF DAMAGES FOR BREACH OF CONSTRUCTION CONTRACT

Posted on 26 September, 2021
How do you determine damages for a breach of a construction contract?  If you are interested in pursing a breach of a construction contract action, this is something you NEED TO KNOW! The recent Fourth District Court of Appeal's decision in Cano, Inc. v. Judet, 46 Fla. L. Weekly D2083b (Fla....

DIFFICULTY IN DEFENDING RENTAL SUPPLIER’S CLAIM UNDER CREDIT APPLICATION

Posted on 19 September, 2021
In construction, one of the easiest claims to prove from a burden of proof standpoint is that of a supplier, particularly a rental equipment supplier.  Oftentimes, these claims are more in the realm of a collection claim because a rental supplier will generally be able to establish that...

STANDARD FOR EVALUATING DELAY – DIRECTLY FROM AN ARMED SERVICES BOARD OF CONTRACT APPEAL’S OPINION

Posted on 12 September, 2021
Sometimes, it is much better to hear it from the horse's mouth.  That is the case here.  The Armed Services Board of Contract Appeal’s (ASBCA) opinion in Appeals of -GSC Construction, Inc., ASBCA No. 59402, 2020 WL 8148687 (ASBCA November 4, 2020) includes an informative discussion of a contractor’s burden...

ASSERTING NON-DISCLOSURE CLAIM INVOLVING RESIDENTIAL REAL PROPERTY AND WHETHER FACTS ARE “READILY OBSERVABLE”

Posted on 6 September, 2021
Under Florida law, there is a claim dealing with the purchase and sale of residential real property known as a Johnson v. Davis or a non-disclosure claim:  "here the seller of a home knows of facts materially affecting the value of the property which are not readily...