When it comes to proving a construction cost, particularly a cost in dispute, the cost must be REASONABLE.   Costs subject to claims must be reasonably incurred and the party incurring the costs must show the costs are reasonable. An example of the burden falling on the...

There is value to a seller when it comes to entering into an as-is transaction and stating that the seller has NOT made any representation or warranty, all such representations or warranties are disclaimed, the buyer is NOT relying on any representation of the seller, and that the...

In recent posts (here and here) I have discussed arbitration provisions and cases dealing with the enforceability of arbitration provisions. The case of Lemos v. Sessa, 46 Fla.L.Weekly D701a (Fla. 3d DCA 2021) deals with two noteworthy principles when it comes...

Insurance policies, particularly property insurance policies, have a concealment or fraud provision that, in essence, gives the insurer an out if the insured submits a fraudulent claim, a false claim, or conceals material facts.   Unlike a traditional fraud claim where a party needs to prove intent, the provision...

In the prior posting, I discussed arbitration provisions and to clearly and unmistakably include in the arbitration provision the person -- judge or arbitrator -- you want to determine the arbitrability of a given dispute. In another posting, I discussed how the doctrine of