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Page 6

Florida’s First District Court of Appeal Weighs in on Unresolved Lender Liability Question and Statute of Limitations Issue

Posted in Legal Alerts by Jordan Miller on Fri May 1, 2015

For the first time a Florida appellate court has decided whether section 713.3471, Florida Statutes, provides a contractor’s sole remedy against a lender that has ceased advances on a construction loan. The First District Court of Appeal took up this issue of first impression in Jax Utilites Management, Inc. v. Hancock Bank, No.1D14-664, 2015 WL 1809322 (Fla. 1st DCA 2015) while also addressing pertinent statute of limitations issues relating to equitable lien actions.

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The Florida Supreme Court Invalidates Joint Proposal for Settlement in Pratt v. Weiss

Posted in Legal Alerts by Jeffrey M. Paskert on Wed Apr 22, 2015

Florida’s Statutes and Rules of Procedure provide a mechanism by which parties may offer to settle cases, and in the process potentially create an entitlement to recover attorney’s fees.  The mechanism is through service of what are commonly called proposals for settlement or offers of judgment.  Predicting the enforceability of joint proposals for settlement and offers of judgment under current Florida law, however, can be somewhat challenging.  Exhibit “A” supporting this statement could be the trial court, appellate court, and Florida Supreme Court decisions in the Pratt case.

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11th Circuit Weighs in on Several CGL Policy Related Issues in Carithers v. Mid-Continent Casualty Company

Posted in Legal Alerts by Jeffrey M. Paskert and Dara L. Dawson on Fri Apr 17, 2015

The Federal Eleventh Circuit Court of Appeals recently issued an opinion addressing a number of CGL Policy related issues, including the duty to defend, application of coverage triggers, and an analysis of covered damages in Carithers v. Mid-Continent Cas. Co., Case No. 14-11639 (11th Cir. April 7, 2015).

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Florida Senate Ponders Change to Construction Defect Statute

Posted in Legal Alerts by Brett D. Divers on Wed Apr 8, 2015

The Florida Senate is considering a change to section 558.004, Florida Statutes, which is titled Notice and Opportunity to Repair.  That statute currently requires a party asserting that a construction defect exists to serve a notice of claim on the party with whom the claimant contracted to perform work.

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Now, a Subcontractor’s Indemnification Payment can be Used to Satisfy a General Contractor’s SIR

Posted in Articles by Jeffrey M. Paskert and Ryan E. Baya on Fri Jan 16, 2015

The recent Florida Supreme Court opinion Intervest Construction of Jax, Inc. v. General Fidelity Ins. Co., 133 So. 3d 494 (Fla. 2014) illustrates the effect contract interpretation principles can have on the evaluation and scope of insurance policies and coverages. Intervest concerned the application of a Self-Insured Retention Endorsement ("SIR"), and whether a general contractor or its insurer was obligated to fund a settlement for a bodily injury claim.

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