Liability, Insurance, Subrogation, and Recovery
Parties involved with construction projects usually attempt to allocate and shift certain risks of loss or claims amongst one another via contractual provisions and by requiring various types of insurance coverage as a condition of working on a project. When a claim arises, it is necessary to evaluate and enforce our clients’ rights under their contracts and the applicable insurance policies to ensure that the appropriate parties bear the costs associated with defending or resolving the claim. Our attorneys regularly analyze and enforce our clients’ rights under other parties’ commercial general liability and other insurance policies, including their rights as additional insureds under such policies. When our clients, their insurance carriers, or their sureties elect to resolve a claim, we also handle subrogation and recovery actions against the parties responsible for such claims. Our experience evaluating and enforcing insurance rights and claims is a critical advantage for efficiently and appropriately handling construction claims and lawsuits.
Florida’s Fourth District Court of Appeal Rules Pre-Suit Notice under Chapter 558, Florida Statutes, is an “Action” for Purposes of the Statute of ReposeOn September 12, 2018, Florida’s Fourth District Court of Appeal rendered its opinion in Gindel v. Centex Homes, et al., which will impact construction defect litigation, and particularly the application of the ten-year statute of repose to construction defect cases. In Gindel, homeowners sought to recover damages from their homebuilder for alleged construction defects in their homes. The homeowners closed on and took possession of their homes in March 2004. In February 2014, they served on the builder pre-suit notices of defects pursuant to Chapter 558, Florida Statutes. Several months later, in May 2014, the homeowners filed suit against the builder. October 21, 2013
Five Mills Paskert Divers Attorneys Listed in the 2019 Best Lawyers in America
Five Mills Paskert Divers attorneys selected by their peers for inclusion in the 25th Edition of The Best Lawyers in America.October 21, 2013