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Recent Posts

CARVING OUT EXCEPTIONS IN RELEASES

Posted on 16 August, 2013
Releases in consideration for progress payments are a routine occurrence in the construction industry. The release language will typically include a release of lien and bond rights through a certain date and it may be broad enough to include a release of other rights through that date,...

THE REALITY WHEN THE CONSTRUCTION LENDER FORECLOSES

Posted on 15 August, 2013
Sometimes, projects go bad and the developer’s (owner) lender forecloses on the real property, whether at some point during construction or after. When this happens, there are often unpaid contractors which may be named in the lender’s lawsuit so that their inferior interests to the...

DEFERENCE GIVEN TO ARBITRATION PROVISIONS

Posted on 12 August, 2013
The recent case of Pulte Home Corp. v. Bay at Cypress Creek Homeowner’s Association, Inc., 38 Fla. L. Weekly D1705a (Fla. 2d DCA 2012) involves a dispute by a homeowner’s association against its developer / homebuilder. In this case, the association sued the developer / homebuilder for...

LIEN TRANSFER BONDS AND VENUE

Posted on 12 August, 2013
The Fourth District Court of Appeals in Attaway Electric, Inc. v. Kelsey Construction, Inc., 38 Fla. L. Weekly D1693a (Fla. 4th DCA 2013)  recently ruled that an action on a lien transfer bond (posted pursuant to Fla. Stat. s. 713.24 in the county where the project...

A THIRD PARTY SUING A LIABILITY CARRIER

Posted on 17 July, 2013
It is important to understand liability coverage, especially if you are a third party seeking liability coverage.   Florida Statute s. 627.4136 provides in material part:     Under this statute, a third party cannot sue a liability policy seeking...