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Recent Posts

APPRECIATE THE RISKS YOU ARE ASSUMING IN YOUR CONTRACT

Posted on 16 November, 2019
APPRECIATE THE RISKS YOU ARE ASSUMING IN YOUR CONTRACT.   Otherwise, those risks will come back and bite you in the butt.  This language is not capitalized for naught.  Regardless of the type of contract you are entering into, there are risks you will be assuming.  You need to...

FILLING OUT THE CONTRACTOR’S FINAL PAYMENT AFFIDAVIT

Posted on 9 November, 2019
When preparing a contractor’s final payment affidavit, I always suggest for a contractor (or anyone in privity of contract with the owner) to identify the undisputed amounts their accounting reflects is owed to ALL subcontractors, etc., regardless of whether that entity preserved their lien rights.  If the contractor provided a payment...

INSURER’S DUTY TO INDEMNIFY NOT RIPE UNTIL UNDERLYING LAWSUIT AGAINST INSURED RESOLVED

Posted on 3 November, 2019
A liability insurer has two duties:  1) the duty to defend its insured; and 2) the duty to indemnify its insured. With respect to the second duty – the duty to indemnify – this duty is typically “not ripe for adjudication unless and until the insured or...

SERVING NOTICE OF NONPAYMENT UNDER MILLER ACT

Posted on 27 October, 2019
Under the federal Miller Act, if a claimant is NOT in privity with the prime contractor, it needs to serve a “notice of nonpayment” within 90 days of its final furnishing.   In this manner, 40 U.S.C. 3133 (b)(2) states:  

A person having a direct contractual...

60-DAY CLOCK FOR STATUTORY BAD FAITH “CURE PERIOD” STARTS WHEN CIVIL REMEDY NOTICE ELECTRONICALLY FILED

Posted on 24 October, 2019

 

The Second District Court of Appeal in Harper v. Geico General Insurance Company, 44 Fla.L.Weekly D618c (Fla. 2d DCA 2019) explained that the 60-day clock for a statutory bad faith cure period stars when the civil remedy notice...