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Recent Posts

PRE-SUIT SETTLEMENT OFFERS AND CONSTRUCTION LIEN ACTIONS

Posted on 3 July, 2018
It is unfortunate, but in certain matters, a construction lien foreclosure action is not actually driven by the principal amount in dispute.  Oh no.  Rather, it is driven by attorney’s fees.  That’s right.  Attorney’s fees. This is true even though Florida applies the

PROPERTY INSURANCE EXCLUSION: LEAKAGE OF WATER OVER 14 DAYS OR MORE

Posted on 29 June, 2018
The recent opinion of Whitley v. American Integrity Ins. Co. of Florida, 43 Fla.L.Weekly D1503a (Fla. 5th DCA 2018), as a follow-up to this article on the property insurance exclusion regarding the “constant...

GENERAL CONTRACTOR’S ABILITY TO SUPPLEMENT SUBCONTRACTOR PER SUBCONTRACT

Posted on 23 June, 2018
As a subcontractor, you need to appreciate that the subcontract you (more than likely) sign is going to have you bear risk associated with furnishing manpower to maintain the prime contractor’s schedule and progress.   A subcontractor can factor some of this risk into the...

WORKERS COMPENSATION IMMUNITY AND THE INTENTIONAL TORT EXCEPTION

Posted on 16 June, 2018
  In prior articles, I discussed the benefit of workers compensation immunity for contractors.  Arguing around workers compensation immunity under the “intentional tort exception” is really hard – borderline impossible, in my...

SLAVIN DOCTRINE AND DEFENSE FROM PATENT DEFECTS

Posted on 10 June, 2018
The Slavin doctrine is an affirmative defense primarily geared to the personal injury context designed to protect contractors from third-party negligence-type claims when an owner accepts a patent defect.    

The Slavin doctrine protects contractors from liability for injuries to third parties...