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Recent Posts

BAILOUT FOR AN IMPROPERLY DRAFTED INDEMNIFICATION PROVISION

Posted on 22 December, 2018
A recent opinion came out that held that even though an indemnification provision in a subcontract was unenforceable per Florida Statute s. 725.06, the unenforceable portion is merely

EXISTENCE OF “DUTY” IN NEGLIGENCE ACTION IS QUESTION OF LAW

Posted on 18 December, 2018
In a negligence action, the issue of whether a duty applies is a question of law. See Limones v. School Dist. of Lee County, 161 So.3d 384, 389 (Fla. 2015) (“he existence of a duty is a legal question because duty is the standard to which...

AN EXPERT’S QUALIFICATIONS ARE IMPORTANT

Posted on 15 December, 2018
An expert’s qualifications are important. Please remember this the next time you retain an expert to analyze documents or data and render an opinion based on that information.  An expert must be qualified to render an opinion.  Otherwise...

PROVIDING “LABOR” UNDER THE MILLER ACT

Posted on 9 December, 2018
A recent opinion out of the Northern District of California discusses the "labor" required to support a Miller Act payment bond claim on a federal construction project.   It is a good case that discusses the type of labor required  to...

CONTRACTUAL WAIVER OF CONSEQUENTIAL DAMAGES

Posted on 1 December, 2018
Contractual waivers of consequential damages are important, whether they are mutual or one-sided.  I believe in specificity in that the types of consequential damages that are waived should be detailed in the waiver of consequential damages provision. Standard form construction agreements provide a good template of the...