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Archive by Month: July 2019

Bankruptcy Court for the Southern District of Florida Confirms Surety's Objection to Discharge Because of Breach of Trust Fund Provision in Indemnity Agreement

Posted in Legal Alerts by Matthew G. Davis on Wed Jul 17, 2019

The Bankruptcy Court for the Southern District of Florida recently issued an important decision about a surety’s ability to object to an indemnitor’s discharge of its debt to the surety based upon an alleged breach of the indemnity agreement’s trust fund provision.

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Florida Legislature Requires Sworn Statement of Non-Payment as Condition Precedent to a Payment Bond Claim

Posted in Legal Alerts by Mattthew G. Davis on Wed Jul 17, 2019

In the 2019 legislative session, the Florida Legislature amended sections 255.05 (governing public projects) and 713.23 (governing private projects) requiring a notice of non-payment to be under oath.   The changes are contained in House Bill 1247 and pertain to subcontractors and materials suppliers not in privity with the prime contractor. 

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Florida Supreme Court Tosses Frye Out – Daubert is Now the Rule in Qualifying Expert Testimony

Posted in Legal Alerts by Mattthew G. Davis on Wed Jul 17, 2019

Recently, the Florida Supreme Court adopted the Daubert standard in the procedural evidence rules to qualify expert witness testimony at trial. See In re Amendments to the Fla. Evidence Code, No. SC19-107 (Fla. May 23, 2019). Before this decision, the Florida procedural evidence rules followed the Frye standard for admissibility of expert witness testimony at trial. The Court’s recent decision is a reversal of its longstanding support for Frye, and it heightens the evidentiary standard by which expert testimony may be admitted in Florida.

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