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Recent Posts

GOOD OLE DUTY TO DEFEND

Posted on 30 July, 2017
The good ole duty to defend. Certainly, a duty that should not be overlooked.   A commercial general liability insurer has two duties to its insured when it comes to third-party claims: 1) the duty to defend its insured and 2) the duty...

ASSERT A PARTY’S NONCOMPLIANCE OF CONDITIONS PRECEDENT WITH PARTICULARITY

Posted on 22 July, 2017
Construction contracts oftentimes and should contain conditions precedent to payment.  Conditions precedent apply to both progress payments and final payment.  The conditions precedent operate such that payment is NOT due until the conditions are satisfied.  The satisfaction of the...

QUICK NOTE: DO YOUR HOMEWORK WHEN IT COMES TO SELECTING YOUR ARBITRATOR

Posted on 19 July, 2017
Many construction contracts contain arbitration provisions.  Instead of litigating a dispute arising out of the contract, the parties will arbitrate the dispute per the arbitration provision.  There are advantages to arbitration and certain disputes bode well for arbitration.  The key is you want to make sure you select the...

AMBIGUITY IN INSURANCE POLICY WILL BE INTERPRETED IN FAVOR OF INSURANCE COVERAGE

Posted on 15 July, 2017
An ambiguity in an insurance policy--after reading and interpreting the policy as a whole--will be construed against an insurer.  This means an ambiguity will be construed in favor of insurance coverage (for the benefit of the insured)...

TERMINATING THE NOTICE OF COMMENCEMENT (WITH A NOTICE OF TERMINATION)

Posted on 6 July, 2017
The notice of commencement is important for purposes of construction lien priority.   Stock Bldg. Supply of Florida, Inc. v. Soares Da Costa Const. Services, LLC, 76 So.3d 313, 317 (Fla. 3d DCA 2011) (“ notice of commencement serves to determine the priority of liens under...