It is often repeated that the clear and unambiguous terms of an insurance policy govern, but that if any ambiguities exist, they are resolved in the favor of the insured. It is equally axiomatic that statutes are to be given their clear meaning. Based on those well...
Board-Certified In Construction Law By The Florida Bar
Contract Law
Do You Really Know All of The Terms Incorporated Into Your Contract?
A common practice in the construction industry is to incorporate by reference other documents into the contract between two parties. For example, subcontracts frequently incorporate the "Contract Documents" (which term is usually defined) and have a statement to the...
Death of the Economic Loss Rule – Or Just A Case of Legal Semantics?
The economic loss rule has been a long evolving judicial doctrine that served as a basis to prohibit people from suing for damages that result from nonperformance of the contract under a tort theory when the parties had a contract. Simply put, you cannot sue in tort...
I Signed What? Take Care To Understand The Releases You Sign!
You have all been there. You are due monies on a project, cash flow is tight, and finally a check is ready. You are handed a release to sign, and do so without much concern. It is not until later that you learn the effect of that release. Although you have executed...
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...
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,...
Unlicensed Contractors Take Another Hit
We have written many times before about the dangers, costs, and penalties associated with unlicensed contracting in Florida. "In order to protect the public and to prod contractors into obtaining the required licensing, the Legislature has, as a matter of state...
Are Individual Design Professionals More Liable Than Their Employers?
In Witt v. La Gorce Country Club, Inc., 2010 WL 2292104 (Fla. 3d DCA June 9, 2010), La Gorce Country Club, Inc. ("Owner") had a project for an irrigation system for its golf course. Owner had discussions with ITT Industries, Inc. ("Contractor") regarding the project....
DO YOU KNOW YOUR CONSTRUCTION CONTRACT – Part I
Time and time again we meet with clients who are involved in a dispute with another party because one side thought they had agreed to one thing and the other party thought they had agreed to something else. These types of disputes can often be avoided by having a...
Low Hanging Fruit – Eliminate Low Cost Risks, Especially Where The Benefits Are Great
Whether to put forth effort to reduce or eliminate unnecessary risks may be evaluated on a cost-benefit basis. In the context of insurance, the costs of reducing or eliminating issues that might interfere with your right to coverage are sometimes very low, while...