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Recent Posts

SOMETIMES YOU NEED TO CONSIDER THE COBLENTZ AGREEMENT

Posted on 19 January, 2017
Since insurance, particularly liability insurance, is such an important component when it comes a construction project, understanding certain nuances such as a Coblentz Agreement (a what kind of agreement agreement?!?—keep reading) becomes helpful.  

TENDER THE DEFENSE OF A LAWSUIT TO YOUR LIABILITY CARRIER

Posted on 13 January, 2017
Sometimes you come across a head scratcher.  This would be a decision that does not seem to make a whole lot of sense.  For instance, if you are sued and you maintain liability insurance that would potentially provide you a defense and indemnification, not notifying...

SIGNIFICANT ISSUES TEST APPLIES TO FRAUDULENT LIEN CLAIMS TO DETERMINE ATTORNEY’S FEES

Posted on 8 January, 2017
Construction lienors need to appreciate on the frontend that recovering statutory attorney’s fees in a construction lien action is NOT automatic—far from it.  This is because the prevailing party for purposes of attorney’s fees in a construction lien action is determined by the...

DESIGN PROFESSIONAL NEEDS A LICENSE TO BE SUED FOR PROFESSIONAL NEGLIGENCE

Posted on 6 January, 2017
“With regard to claims for professional negligence, the Florida Supreme Court has explained that ‘where the negligent party is a professional, the law imposes a duty to perform the requested services in accordance with the standard of care used...

DOES YOUR REQUEST FOR EQUITABLE ADJUSTMENT (REA) COMPLY WITH THE CONTRACT DISPUTES ACT?

Posted on 30 December, 2016
Under a federal construction contract, a contractor MUST comply with the Contract Disputes Act and request a final decision from the contracting officer in order for the United States Court of Federal Claims to have jurisdiction over the claim.  This means...