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DOCTRINE OF AVOIDABLE CONSEQUENCES AS AFFIRMATIVE DEFENSE

Posted on 27 January, 2018
The doctrine of avoidable consequences is an affirmative defense that can be used in certain property damage lawsuits.  This is a defense that does not go to liability, but it goes to damages.  This doctrine of avoidable consequences defense holds...

BURDEN OF PROOF UNDER ALL-RISK PROPERTY INSURANCE POLICY

Posted on 22 January, 2018
A recent Florida case, Jones v. Federated National Ins. Co., 43 Fla. L. Weekly D164a (Fla. 4th DCA 2018) discusses the burden of proof of an insured in establishing coverage under an all-risk property insurance policy.  Getting right to this critical point, the...

QUICK NOTE: NOTICE OF CONTEST OF CLAIM AGAINST PAYMENT BOND

Posted on 21 January, 2018
On private jobs where the general contractor has an unconditional payment bond, subcontractors, sub-subcontractors and suppliers need to serve a notice of nonpayment to preserve payment bond rights.   Just like an owner can record a

JUST BECAUSE YOU LABEL IT A “TRADE SECRET” DOES NOT MAKE IT A “TRADE SECRET”

Posted on 12 January, 2018
Everything is a “trade secret,” right?  Nope.  What if I mark it as a “trade secret?”  Still nope.  But, you already knew those answers.     This is an especially important issue when dealing with public entities, as demonstrated by the...

DOES ARBITRATION APPLY TO CONTEMPORANEOUSLY EXECUTED CONTRACTS (WHEN ONE OF THE CONTRACTS DOES NOT HAVE AN ARBITRATION PROVISION)?

Posted on 6 January, 2018
Binding arbitration is an alternative to litigation.  Instead of having your dispute decided by a judge and/or jury, it is decided by an arbitrator through an arbitration process.  Arbitration, however, is a creature of contract, meaning there needs to...