Retailers are sometimes held liable for product defects, even though they did nothing more than sell a product without knowledge of its defects. The same thing can happen to contractors and subcontractors. They incorporate the defective work or materials of someone...
Board-Certified In Construction Law By The Florida Bar
Indemnity In Construction Contracts
Owner/Contractor Under Duty To Ensure Safe Site
Worthington Communities, Inc., was both the property owner and the general contractor for a condominium project in Fort Meyers. Worthington contracted with Sunshine Masonry, Inc. ("Sunshine") to install forms and pour concrete for structural divisions between floors....
The Dreaded Surety Collateral Call
SURETY'S RIGHT TO MAKE A COLLATERAL CALL ON BONDED CONTRACTOR AND ITS PRINCIPALSBy: Robert S. Tanner, Esq.It is pretty much a rule that a surety will not issue performance or payment bonds to a contractor unless the surety is assured that it has very little risk. This...
Be Careful Or You May Have to Indemnity Others For Their Own Negligence
Indemnity obligations are often found in construction contracts. The function of these undertakings, generally speaking, is to pass liability through from one party to the other where one party is actively liable and the other party is vicariously liable. In the...