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Recent Posts

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...

QUICK NOTE: PRIOR ACTS EXCLUSION IN INSURANCE POLICY

Posted on 21 May, 2017
As an insured, it is important to understand the prior acts exclusion in your liability insurance policy.  The prior acts exclusion bars coverage for claims that arise out of an act prior to the policy period or...

COMPLY AND UNDERSTAND CONTRACTUAL CONDITIONS PRECEDENT

Posted on 18 May, 2017
Contracts oftentimes contain conditions precedent to payment or another affirmative obligation.  The condition precedent needs to occur to trigger a party’s obligation to perform.  If the condition precedent does not occur, then the obligation to perform is never  triggered. ...