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Recent Posts

NEGLIGENCE AGAINST A CONSTRUCTION MANAGER-AGENT

Posted on 9 March, 2018
Can a construction manager-agent / owner’s representative hired directly by the owner be liable to the general contractor in negligence?  An argument likely posited by many general contractors on projects gone...

PROPERTY INSURANCE EXCLUSION FOR CONSTANT OR REPEATED LEAKAGE OF WATER

Posted on 1 March, 2018
A property insurance policy, no different than any insurance policy, contains exclusions for events that are NOT covered under the terms of the policy.  One such common exclusion in a property insurance policy is an exclusion for damages caused by “constant...

YOU DON’T HAVE TO BE A CONSUMER TO ASSERT A FDUTPA CLAIM

Posted on 17 February, 2018
A few years ago, the Fourth District Court of Florida rendered an opinion in Caribbean Cruise Line, Inc. v. Better Business Bureau of Palm Beach County, Inc., 169 So.3d 164 (Fla. 4th DCA 2015) regarding Florida’s Deceptive and Unfair Trade Practices Act (referred as to...

CONTRACTORS: CONSULT YOUR INSURANCE BROKER REGARDING YOUR CGL POLICY

Posted on 10 February, 2018
Contractors:  do yourself a favor and consult your insurance broker regarding your commercial general liability (CGL) policy.   Do this now, especially if you subcontract out work.   CGL policies contain a “your work” exclusion.  The...

THE INDEMNIFICATION LIMITATION IN SECTION 725.06 DOES NOT APPLY TO UTILITY / HORIZONTAL-TYPE PROJECTS

Posted on 2 February, 2018
One of the most important provisions in construction contracts is the indemnification provision.  Appreciating contractual indemnification obligations are critical and certainly should not be overlooked.  Ever!   Florida Statute s. 725.06 (written about here and