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Recent Posts

RELEASE OF “UNKNOWN” CLAIM DOES NOT BAR RELEASE OF “UNACCRUED” CLAIM: FAIR OR UNFAIR?

Posted on 27 May, 2019
A general release of "unknown" claims through the effective date of the release does NOT bar "unaccrued" claims.   This is especially important when it comes to fraud claims where the facts giving rise to the fraud may have occurred prior to the effective...

QUICK NOTE: CONTRACTOR’S STATUTORY BASIS TO RECOVER ATTORNEY’S FEES AGAINST PERFORMANCE BOND

Posted on 24 May, 2019
On October 1, 2019, a modification to existing law (Florida Statute s. 627.756) will take place that allows general contractors to have a statutory basis to recover attorney's fees against its subcontractor's performance bond.     (Obviously, the subcontractor will need to be properly...

QUICK NOTE: …BACK TO THE DAUBERT STANDARD FOR EXPERT TESTIMONY

Posted on 24 May, 2019
In what has previously appeared to be a game of moving chairs, the Florida Supreme Court formally adopted the Daubert standard to determine the admissibility of expert testimony.  This allows Florida to move on from the Frye standard and the...

QUICK NOTE: REMEMBER TO TIMELY FORECLOSE LIEN AGAINST LIEN TRANSFER BOND

Posted on 19 May, 2019
When a construction lien is transferred to a lien transfer bond pursuant to Florida Statute s. 713.24, instead of foreclosing the lien against the real property, you are foreclosing the lien against the lien transfer bond.  This is not a...

QUICK NOTE: THIRD-PARTY CAN BRING COMMON LAW BAD FAITH CLAIM

Posted on 18 May, 2019
A third-party claimant may bring a common law bad faith claim against a defendant’s liability insurer.   Mccullough v. Royal Caribbean Cruises, 2019 WL 2076192, *2 (S.D.Fla. 2019).  “A bad faith claim may be brought by a third party absent an assignment from the insured.”  Id.   This...