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Recent Posts

FACTOR THE FACTOR IN FACTORING

Posted on 29 April, 2017
What is factoring?  Have you heard this term used in the business context?   Factoring is not uncommon in the business world.  It comes up when a business is in need of cash (immediate cash flow) and sells/assigns money owed under accounts receivable to a third...

SUBCONTRACTOR’S LIABILITY INSURER’S DUTY TO DEFEND THE “ADDITIONAL INSURED” GENERAL CONTRACTOR

Posted on 22 April, 2017
Construction projects can lead to insurance coverage disputes.  One such dispute arises when a general contractor is sued for construction defects and resulting property damage and it tenders the...

FLORIDA’S LIEN LAW AND SUBSTANTIAL COMPLIANCE VS. STRICT COMPLIANCE

Posted on 14 April, 2017
There are literally some (or, perhaps, many!) disputes that will make you say “hmm!”   The “hmm” is a euphemism for “what is a party thinking?!?”  The case of Trump Endeavor 12 LLC v. Fernich, Inc., 42 Fla. L.Weekly D830a (Fla. 3d DCA 2017) is one of these...

CONSULT WITH COUNSEL WHEN PREPARING CONSTRUCTION LIENS

Posted on 8 April, 2017
All too often entities prepare their own construction liens.  Sure, it is an effective way to save a few bucks.  No doubt about it.   But, by doing so, you are (i) not relying on advice of counsel that is important...

HURDLES WITH TRIGGERING A SUBCONTRACTOR PERFORMANCE BOND

Posted on 1 April, 2017
There have been a couple of decisions as of late, particularly in federal court, that have gone in favor of a performance bond surety and against a general contractor’s claim against a subcontractor’s performance bond.   These decisions have been so unfavorable...