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Recent Posts

THE RELEVANCE AND REASONABLENESS OF DESTRUCTIVE TESTING

Posted on 12 August, 2017
Destructive testing is a routine investigatory procedure in construction defect disputes.   The destructive testing is necessary to determine liability (causation), the extent of damage, and the repair protocol.   Destructive testing is designed to answer numerous questions:  Why did the building component fail?  Was the building...

OWNERS SHOULD SERVE REQUEST FOR SWORN STATEMENT OF ACCOUNT ON LIENOR

Posted on 6 August, 2017
When an owner receives a construction lien, an owner should serve the lienor with a Request for Sworn Statement of Account.    The Request for Sworn Statement is authorized by Florida Statute s. 713.16(2) and should be in the following...

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...