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Recent Posts

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...

CONSULTANT’S CORNER: WHY SHOULD CONSTRUCTION BUSINESS OWNERS CARE ABOUT CYBER LIABILITY INSURANCE?

Posted on 1 July, 2017
Recently, I wrote an article on the importance of cyber liability insurance for design professionals.  The reality, however, is that this is important insurance for all professionals in today's day and age.     A modern, online insurance broker called

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...