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Recent Posts

QUICK NOTE: UNENFORCEABLE LANGUAGE IN ARBITRATION PROVISION

Posted on 19 October, 2018
Although arbitration is a dispute resolution provision provided for in a contract, the scope of judicial review of an arbitrator's award is still governed by law.  There are limited circumstances in which an arbitrator's award can be challenged under the law.  One of those circumstances...

SERVING THE 558 NOTICE OF CONSTRUCTION DEFECT LETTER IN LIGHT OF THE STATUTE OF REPOSE

Posted on 13 October, 2018
Florida Statutes Chapter 558 requires a Notice of Construction Defect letter (“558 Notice”) to be served before a construction defect lawsuit is commenced.  This is a statutory requirement unless...

NOTE ON FIRST-PARTY AND THIRD-PARTY SPOLIATION OF EVIDENCE CLAIMS

Posted on 7 October, 2018
In an earlier posting, I talked about spoliation of evidence.  This posting discussed first-party spoliation of evidence which is where a party in a lawsuit has destroyed or lost...

TERMINATING NOTICE OF COMMENCEMENT WITHOUT CONTRACTOR’S FINAL PAYMENT AFFIDAVIT

Posted on 29 September, 2018
Prior to construction work being performed on your property, a Notice of Commencement should be recorded.  Among other things, construction liens will relate back in time to an effective

ECONOMIC DAMAGES CANNOT BE BASED ON SPECULATION

Posted on 22 September, 2018
Economic damages, unlike non-economic damages (such as those in personal injury disputes), need to rest on a reasonable basis.  Economic damages are those routinely seen in a construction dispute.  These damages cannot be based on conjecture or guesswork and need to be supported by competent...