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Recent Posts

BAD FAITH IN THE FIRST-PARTY INSURANCE CONTEXT

Posted on 10 December, 2016
In a previous article I discussed bad faith when it comes to an insurance claim.  Recently, in Barton v. Capitol Preferred Insurance Co., Inc., 41 Fla. L. Weekly D2736b (Fla. 5th DCA 2016),...

BENEFIT TO INSURED UNDER PROPERTY INSURANCE POLICY – CONCURRENT CAUSE DOCTRINE

Posted on 2 December, 2016
The Florida Supreme Court in Sebo v. American Home Assurance Co., Inc., 41 Fla. L. Weekly S582a (Fla. 2016) gave really good news to claimants seeking recovery under a first-party all-risk property insurance policy.  The Court held that the concurrent cause doctrine and...

SPEARIN DOCTRINE AS AN AFFIRMATIVE DEFENSE

Posted on 26 November, 2016
The Spearin doctrine, referred to as the implied warranty of constructability doctrine, is oftentimes utilized as an affirmative defense by a contractor being sued for construction defects.  Under the

OWNER’S OBLIGATION GIVING NOTICE TO CURE TO CONTRACTOR AND ANALYZING REPAIR PROTOCOL

Posted on 19 November, 2016
Recently, I read an informative article from another attorney addressing considerations of an owner when it receives a repair protocol in response to a Florida Statutes Chapter 558...

THE CONSTRUCTION PROJECT IS LATE – ALLOCATION OF DELAY

Posted on 13 November, 2016
The construction project is late.  Very late.  The owner is upset and notifies the contractor that it is assessing liquidated damages.   The contractor, in turn, claims that the project is late because of excusable, compensable delays and, perhaps, excusable, noncompensable delays. ...