Learn how SB 346, a new law signed by Governor DeSantis, changes the prompt payment and retainage requirements for public construction projects in Florida as of July 1, 2023.
Learn about the major changes made to Florida tort law with the passing of HB 837, including the shift from pure to modified comparative negligence. This change will have significant implications for damages allocation in all negligence claims.
Learn how Florida’s tort reform, HB 837, signed into law by Governor DeSantis, has cut the statute of limitations for negligence claims in half. Discover what this means for plaintiffs and defendants in this blog.
Learn about mandatory mediation for certain disputes in Florida before filing a lawsuit, and the special requirement for written settlements reached in mediation. The recent Parkland Condominium Association Case sets an example of the importance of parties, attorneys, and mediators ensuring all parties sign a settlement agreement for it to be enforceable. Discover the details of this case and the general rule of law in Florida that favors enforcing settlements whenever possible.
A differing site condition in the construction industry refers to a situation on a construction project where there is an unexpected or unknown physical condition at the construction site that differs materially from either the conditions as indicated in the contract documents, or from the conditions reasonably discoverable prior to […]
Trusts are a common estate planning vehicle, in which property is held in a trust and administered by the trustee for the benefit of the beneficiaries of the trust. See Miller v. Kresser, 34 So. 3d 172 (Fla. 4th DCA 2010). The Florida Trust Code defines a trust beneficiary as […]
What happens when, due to a negligent error by the insurance broker, a business suffers property damage that is either not covered, or not fully covered, by what the insured thought was an insurance policy they purchased through the broker to cover the risk? Can the insured look to its […]
Material suppliers in the construction industry will often need to extend credit to their contractor and subcontractor customers due to the payment cycle on construction projects that can often run 30 days, 60 days or even longer. Due to this, suppliers of construction materials will often need to enter into […]
A recent opinion by a Florida appellate court, Construction Consulting, Inc. v. District Board of Trustees of Broward College [1], is a cautionary tale for contractors. It highlights that construction contractors need to be vigilant regarding the terms of their contract related to final payment and any conditions put on […]
Until recently, force majeure provisions may have been viewed as perhaps unimportant “lawyer language” buried in contracts with no real expectation that the clause would come into play. Of course, the last couple of years have caused a big change in that perspective as the construction industry has gone through […]