Contractors and subcontractors that work on construction projects should, and generally do, maintain commercial general liability policies (“CGL Policies”). Owners absolutely want their contractor and the subcontractors to be sufficiently insured in the event a claim is made either against them or damages or defects occur to...
A party should never bank on recovering their attorneys' fees when prosecuting or defending a construction lien foreclosure action. In a construction lien action, the prevailing party has been statutorily entitled to recover their reasonable attorneys’ fees.
Owners undertaking a construction project are always concerned about construction liens from subcontractors, sub-subcontractors, and suppliers that preserved their lien rights by serving a notice to owner in accordance with Florida’s Lien Law (Florida Statutes Chapter 713) (“Lienors”). One way an owner alleviates this...
PRECONSTRUCTION AND PURCHASE-SALE CONTRACTS- ARGUMENTS TO REVOKE THE CONTRACT AND RECOVER THE DEPOSIT
Upon the economic downturn, buyers of preconstruction condominiums have been looking for arguments to revoke their contracts and recover their deposit. Condominium developers have been trying to force buyers to close on the units they agreed to purchase through the contract or, alternatively, if the...
Injuries are always a concern on construction projects due to the inherent risks associated with performing work on a project. Owners, in particular, should be concerned with injuries on their project because they are sometimes sued for negligence under theories of premises liability when injuries...
- TEN-YEAR STATUTE OF REPOSE TO SUE FOR LATENT CONSTRUCTION DEFECTS
- CLAIMS MADE INSURANCE POLICIES
- EQUITABLE DOCTRINE OF ESTOPPEL CAN DEFEAT ARGUMENT FOUNDED ON LEGAL TECHNICALITY
- SUBSEQUENT PURCHASER OF HOME COMPELLED TO ARBITRATION BASED ON COVENANT RUNNING WITH THE LAND
- QUICK NOTE: “EFFECTIVE” NOTICE OF COMMENCEMENT
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