The Florida Construction Lien Law has been called many things, but not simple. There are key time periods, the failure to comply with which, can result in loss of lien rights or other serious consequences. The following is a description of the key time periods in what may be a typical chronological fashion from start of the job until what is all too often the final phase of construction, the lawsuit. Read On ...
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 . . .
Timing under the Florida Construction Lien Law
In October of 2005, the home of Justin and Selma Soronson ("the Insureds") was hit by land falling Hurricane Wilma. ("the Home"). The Insureds did not notice any damage, nor was damage apparently visible from a reasonable and customary inspection. More than three years later, in 2009, an inspection was performed on the roof of the Home that revealed damage that appeared to be caused by a windstorm event. The Insureds immediately notified their insurance carrier and complied with the insurance policy's requirement for submission of a sworn proof of loss. The insurance company conducted its own inspection, and denied coverage. The insurer claimed that no damage was verified, and the passage of time prior to notice of the claim being made prejudiced the insurance company's ability to properly determine the cause of any such damage. Judgment was entered in favor of the insurance company and an appeal ensued.