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Recent Posts

APPELLATE ATTORNEY’S FEES AND THE SIGNIFICANT ISSUES TEST

Posted on 25 June, 2017
The significant issues test to determine the prevailing party in construction lien actions (which, by the way, also applies to breach of contract actions) applies to appellate attorney’s fees too!  Under this test, the trial court has discretion to...

TIMELY WRITTEN NOTICE TO INSURER AND COOPERATING WITH INSURER

Posted on 16 June, 2017
I harp on notifying a liability insurer in writing once a claim is asserted against you.  As soon as possible.  I harp on this because as an insured you want to remove any doubt or argument that the insurer was prejudiced due to a lack...

VENUE FOR SUING PUBLIC PAYMENT BOND

Posted on 9 June, 2017
Public payment bonds (excluding FDOT payment bonds) are governed under Florida statute s. 255.05.  As it pertains to venue—the location to sue a public payment bond--the statute provides in relevant portion:    

(5) In addition to the provisions of...

ARBITRATION PROVISION IN HOMEBUILDER’S WARRANTY AGREEMENT WITH HOMEOWNERS IS UNENFORCEABLE

Posted on 2 June, 2017
Buying a new home from a homebuilder is an exciting time.  How could you not be excited about buying and moving into a new home?   It is a big milestone.  When buying a new home from a homebuilder, it is common that you are provided a...

CONTRACTORS SHOULD NOT FORGET TO DELIVER CONTRACTOR’S FINAL PAYMENT AFFIDAVIT

Posted on 28 May, 2017
If you are a contractor and entered into a contract with an owner, then you need to serve the owner with a Contractor’s Final Payment Affidavit at least 5 days before filing a lien foreclosure lawsuit.  Fla. Stat. s. 713.06(3)(d).    Many times, when I am...