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Recent Posts

QUICK NOTE: LIABILITY INSURER’S BAD-FAITH BASED ON TOTALITY OF THE CIRCUMSTANCES

Posted on 3 April, 2016
Generally, whether a liability insurer engaged in bad-faith is a question of fact to be determined based on the totality of factual circumstances.  In other words, there is more to it then the insured being...

INDEMNIFICATION PROVISIONS AND “IN WHOLE OR IN PART” LANGUAGE

Posted on 2 April, 2016
If you negotiate or prepare construction contracts, then you should be familiar with Florida Statute s. 725.06.  This statute contains requirements for indemnification provisions in construction contracts and is a must-know and must-read for all construction participants responsible for negotiating and...

EVOLVING PROJECT DELIVERY METHODS AND RISK CONCERNS FROM A DESIGN PROFESSIONAL’S STANDPOINT

Posted on 27 March, 2016
I recently posted a presentation I put on regarding project delivery methods.  In that presentation I discussed evolving project delivery methods such as Integrated Project Delivery and Public-Private-Partnerships and even...

PRIME CONTRACTOR INTERVENING INTO LAWSUIT AS PRINCIPAL OF MILLER ACT PAYMENT BOND

Posted on 25 March, 2016
In a Miller Act payment bond lawsuit (or any payment bond lawsuit for that matter), there are many times where a claimant (subcontractor, sub-subcontractor, or supplier) will sue the Miller Act payment bond surety and NOT...

QUICK NOTE: CGL INSURER LIABLE FOR ATTORNEY’S FEES IF IT UNJUSTIFIABLY REFUSED TO PROVIDE YOU DEFENSE

Posted on 20 March, 2016
  If your CGL (or liability) insurer unjustifiably refuses to provide you a defense in a lawsuit, the insurer is liable for the reasonable attorney’s fees and costs you incur in defending that lawsuit.  The operative word is “unjustifiably.”  For instance, if you get...