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Recent Posts

WAIVING THE RIGHT TO ARBITRATE UNDER FEDERAL LAW

Posted on 17 October, 2021
If there is an arbitration provision in your contract that you want to enforce, you do not want to take action inconsistent with those rights as this could give rise to a waiver argument, i.e., that you waived your rights to arbitrate, particularly if the other...

HOW YOU PLEAD ALLEGATIONS TO TRIGGER LIABILITY INSURER’S DUTIES IS CRITICAL

Posted on 10 October, 2021
How you plead allegations in your lawsuit to trigger duties of a liability insurance carrier is a critical consideration.  If the complaint is not pled appropriately, it can result in the carrier NOT owing a duty to defend its insured, which is the party(ies) you are suing.

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...