COURSE OF CONDUCT CAN SERVE AS WAIVER OR MODIFICATION OF PARTIES’ CONTRACT
When you enter into a contract, the language in the contract means something. And if you don’t follow what the contract says, it will be used against you. It can be used to support the argument that you breached the contract. Or it can be used to demonstrate...
APPLICATION OF ORDINANCE AND LAW COVERAGE IN PROPERTY INSURANCE POLICY AND TWENTY-FIVE PERCENT RULE
A recent case involved a homeowner’s all-risk property insurance policy with ordinance and law coverage. This ordinance and law coverage required the carrier “to cover costs that the incur as a result of any ordinance that requires them to replace ‘the...
RECOVERING ATTORNEY’S FEES AND ARGUING THE FEES ARE INEXTRICABLY INTERTWINED
Attorney’s fees are a big part of any dispute. And the attorney's fees should be because fees are a factor and can ultimately drive the outcome of a dispute. No one wants to spend $100,000 in fees to recover $100,000, so the conversation regarding attorney’s fees...
APPLICABILITY OF FLORIDA’S BUILDING CODE IS A QUESTION OF LAW
The application of Florida’s Building Code is a question of law for the court. It's NOT a question for a witness to determine.
In a recent personal injury dispute dealing with the tripping and falling on a public sidewalk, a key issue included...
THE PREFATORY WHEREFORE CLAUSES IN AGREEMENTS MATTER
When drafting agreements, the language matters. This is because agreements are not intended to be construed in a vacuum. Sections of an agreement are not to be interpreted in isolation. Agreements are intended to be constructed in the context of the ENTIRE agreement. This is why there is...
About The Author
David Adelstein
Phone: (954) 361-4720
Email: Dadelstein@gmail.com