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Recent Posts

PROPERLY TRIGGER THE PERFORMANCE BOND

Posted on 25 December, 2016
A performance bond is a valuable tool designed to guarantee the performance of the principal of the contract made part of the bond.   But, it is only a valuable tool if the obligee (entity the bond is designed to benefit) understands that it...

APPLICATION OF SET-OFF WHEN A DEFENDANT SETTLES IN MULTIPARTY CONSTRUCTION DISPUTE

Posted on 23 December, 2016
The defense of set-off is an important defense in construction disputes, particularly multiparty disputes.  For more information on this defense, please check out this article as it explains the application of set-off in civil disputes in detail.  

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

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