CAREFUL DRAFTING OF ARBITRATION PROVISIONS TO ENSURE THE STATUTE OF LIMITATIONS APPLIES TO CLAIMS RESOLVED THROUGH ARBITRATION
Many construction contracts include arbitration provisions as the means to resolve a dispute instead of resorting to litigation. Certain owners prefer to resolve their disputes with contractors through arbitration and certain contractors, likewise, prefer to resolve their disputes with subcontractors through arbitration.
Oftentimes, subcontractors, suppliers, and sub-subcontractors rely on companies to serve the statutory notices that are prerequisites to preserving a lien or bond claim under Florida's Lien Law in the event of nonpayment. However, if these notices are not served in accordance with Florida’s Lien Law,...
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.
- PROVING AND CHALLENGING CAUSATION UNDER NAMED PERILS PROPERTY INSURANCE POLICY
- THE ARBITRATION PROVISION SHOULD DICTATE WHETHER JUDGE OR ARBITRATOR DECIDES ARBITRABILITY OF ISSUE
- CLAIMS BASED ON MISREPRESENTATION MUST BE INDEPENDENT OF CLAIMS BASED ON A CONTRACTUAL BREACH
- QUICK NOTE: MILLER ACT PAYMENT BOND PRESENTATION
- REPLACEMENT COST VALUE – HOMEOWNERS’ PROPERTY INSURANCE POLICIES
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