INACCURATE REPRESENTATIONS CAN LEAD TO DIFFERING SITE CONDITIONS CLAIM
In the prior posting, I discussed a case dealing with a differing site condition. In that case, the owner did not have an affirmative duty to make a representation and there was no inaccurate representation made by the owner that misled the contractor.
Well, what about...
DIFFERING SITE CONDITIONS CLAIM REQUIRES A MISREPRESENTATION
If you are entertaining a differing site conditions claim, consider this Third District Court of Appeals case from the mid-90s.
In Hendry Corp. v. Metropolitan Dade County, 648 So.2d 140 (Fla. 3d DCA 1995), a contractor was hired by Dade County to demolish the old Rickenbacker Causeway in...
ANOMALY IN ADDING A THIRD-PARTY CLAIMANT TO A LIABILITY INSURANCE COVERAGE DISPUTE
In an insurance coverage lawsuit seeking declaratory relief, an insurer sued the third-party claimant. The insurer was seeking a declaration that there was no coverage, which naturally would impact the third-party claimant. The insured did not respond to the lawsuit and the insurer moved for a default judgment...
ALERT: FRAUDULENT NOTICE OF NONPAYMENT DEFENSE APPLIES TO PAYMENT BOND CLAIMS
Under Florida’s Lien Law, there’s an affirmative defense or affirmative claim known as a “fraudulent lien.” The fraudulent lien defense or claim is set out in Florida Statute s. 713.31. This defense also extends to payment bond claims, whether under a private statutory...
About The Author
David Adelstein
Phone: (954) 361-4720
Email: Dadelstein@gmail.com