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Recent Posts

WORKING WITH CONSTRUCTION COUNSEL ON YOUR CONSTRUCTION CONTRACT IS VALUE-ADDED

Posted on 7 February, 2021
It is always good practice to have construction counsel assist you with your construction contract.  This may mean drafting your contract.  This may mean negotiating your contract.  This may mean advising you as to provisions in your contract that shift risk to you.  This may mean providing red-lined suggestions to...

DO NOT FORFEIT COVERAGE UNDER YOUR PROPERTY INSURANCE POLICY

Posted on 6 February, 2021
If you have read prior articles (see here and here as an example), then you know that when it comes to first-party property insurance policies, an insured must comply with post-loss obligations in the policy.  Failure to comply with a post-loss obligation...

INJURED SUBCONTRACTOR EMPLOYEE ASSERTS PREMISE LIABILITY CLAIM AGAINST GENERAL CONTRACTOR

Posted on 30 January, 2021
In an interesting opinion, an injured employee of an electrical subcontractor sued the general contractor of a parking garage project under a premise liability theory after being injured when stepping on an uncovered floor drain at the project site.  There is no discussion in the opinion as to

QUITE NOTE: EXTRA-CONTRACTUAL, CONSEQUENTIAL DAMAGES AGAINST PROPERTY INSURER MUST BE PURSUED IN SEPARATE BAD FAITH CLAIM

Posted on 24 January, 2021
Unfortunately, the Fifth District Court of Appeals' holding in this case did not last long.   As discussed here, the Florida Supreme Court, quashing the Fifth District's decision, ruled that an insured cannot recover extra-contractual, consequential damages against his/her/its property insurer absent...

PREFABRICATION CONTRACT CONSIDERATIONS

Posted on 23 January, 2021
Prefabrication (also referred to as modular construction in instances), is a form of offsite construction where certain construction activities occur at an offsite manufacturing facility or location.  Construction components or units are preassembled (prefabricated) at this offsite location prior to being delivered to the project site and then integrated into...