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Recent Posts

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...

ALLOCATING COVERED AND UNCOVERED DAMAGES IN JURY VERDICT

Posted on 16 January, 2021
When a liability insurer defends an insured from a third-party claim, they oftentimes do so under a reservation of rights.  A reservation of rights letter is issued to the insured that identifies certain coverage exclusions or reservations relative to the insurance policy that may impact the...

APPLICATION OF SET-OFF WHEN DETERMINING PREVAILING PARTY FOR PURPOSES OF ATTORNEY’S FEES

Posted on 9 January, 2021
The recent opinion from the Second District Court of Appeal in Hayward Baker, Inc. v. Westfield Ins. Co., 2020 WL 7767859 (2nd DCA 2020) demonstrates that the significant issues test for determining the prevailing party for purposes of attorney’s fees applies to disputes involving...