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South Florida Construction Attorneys
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February 2013 Archives

Don's Wait Until All Damages Are Known Before Notifying Your Insurer. It May Be too Late!

As we have written before (read here), providing timely notice of an insurance claim can often be the difference between securing coverage, or facing financial catastrophe. In the case of 1500 Coral Towers Condominium Association, Inc. v. Citizens Property Insurance Corporation, Florida Courts have again weighed in on the topic. In that case, the condominium suffered what appeared to be minor roof damage as a result of land-falling Hurricane Wilma in October of 2005. The Condominium Association took it upon themselves to make those relatively minor roofing repairs in December of 2005. That they hoped would be the end of the story. Unfortunately that was not the case.  Read On . . .

Ensure Your Warranty Position Before The Ship Has Sailed

Warranty law is important to both sellers and buyers. Suppliers of construction materials may be held liable under a warranty theory, while the contractors who purchase construction materials may believe the materials they purchased were defective and, therefore, want due compensation from the seller (or other party in the distribution chain). The outcome of such warranty claims depend upon a variety of factors, including the type of product at issue, the damage sustained, the law applicable to the transaction, and the terms of the agreement. While the following case did not involve construction materials, it nevertheless is instructive on some warranty issues.  Read On . . .

Do You Really Have An Enforceable Contract?

You have probably heard a million times not to worry if your contract is verbal or vague, as the law will protect what the parties to an agreement intended. This remains the general rule. However, depending on what terms your agreement is vague on, even if in writing, can leave you without an enforceable contract. For many contractors, especially those performing emergency remediation, and other work for which you often look to the owner's insurance for payment, this can lead to costly lessons being learned.  Read On . . .

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