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Recent Posts

CONSTRUCTION CONTRACTS AND APPLICATION OF PAROL EVIDENCE RULE TO CLARIFY LATENT AMBIGUITY

Posted on 12 December, 2015
The parol evidence rule is a need-to-know rule of law when it comes to cases that involve the rights, liabilities, and remedies of parties under a written agreement.  As explained in this article, the parol evidence rule is designed...

IMPLIED COVENANT OF GOOD FAITH & FAIR DEALING ATTACHES TO EVERY CONTRACT

Posted on 5 December, 2015
There is an implied covenant of good faith and fair dealing in every contract.  Meruelo v. Mark Andrews of Palm Beach, Ltd., 12 So.3d 247, 251 (Fla. 4th DCA 2009).  “Its purpose is to protect the reasonable expectations of the contract...

COBLENTZ AGREEMENT AND ALLOCATION OF DAMAGES IN CONSENT JUDGMENT

Posted on 28 November, 2015
I previously discussed Coblentz agreements.  A Coblentz agreement is an agreement between a claimant (e.g., property owner) and a third-party (e.g., general contractor that caused construction defects and damage) when the third-party’s liability insurer denies a defense (and coverage) to the...

DAVIS BACON ACT PRIMER

Posted on 22 November, 2015
I recently put on a presentation regarding the Davis Bacon Act.  A portion of the presentation is below.    The Davis Bacon Act is a federal act that...

WHAT TO DO IF THE PAYMENT BOND IS NOT RECORDED WITH THE NOTICE OF COMMENCEMENT

Posted on 20 November, 2015
There is an unconditional payment bond for the project but it was not recorded with the Notice of Commencement.  Now there...