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Recent Posts

QUICK NOTE: COVID-19 CLAIM – PROVING CAUSATION

Posted on 21 June, 2020
In certain jurisdictions, the number of people testing positive for COVID-19 is on the rise.  As this occurs, there is the possibility that a construction project will have to deal with one or more workers testing positive.  That is the current reality.   If the dialogue has not occurred before, now...

VALUE IN RECORDING LIEN WITHIN EFFECTIVE NOTICE OF COMMENCEMENT

Posted on 20 June, 2020
Construction lien priority is no joke!   This is why a lienor wants to record its construction lien within an effective notice of commencement.  A lien recorded within an effective notice of commencement relates back in time from a priority standpoint to the date the notice of...

ORDINARY USE OF TERM IN INSURANCE POLICY PREVAILED

Posted on 6 June, 2020
There are cases where you feel for the plaintiff, but understand why they did not prevail, despite the creative efforts of their counsel.  The case of Robinson v. Liberty Mutual Ins. Co., 958 F.3d 1137 (11th Cir. 2020) is one of these cases. In Robinson, the plaintiff moved into a home...

THINK TWICE BEFORE HEDGING A POSITION OR DEFENSE ON A SPECULATIVE EVENT OR OCCURRENCE

Posted on 30 May, 2020
Sometimes, hedging a position on a potential occurrence is not prudent.  Stated differently, hedging a position on a contingent event is not the right course of action.  The reason being is that a potential occurrence or contingent event is SPECULATIVE.   The occurrence or event may...

QUICK NOTE: BEWARE OF AN ANTI-CONCURRENT CAUSE PROVISION IN YOUR PROPERTY INSURANCE POLICY

Posted on 24 May, 2020
Paying the lowest premium for property insurance is oftentimes not a great thing because, as with everything else, “you get what you pay for.”   If you are paying a lower premium, it is for a reason.  You likely have a restrictive policy that excludes more coverage (and, perhaps, all coverage)...