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Page 7

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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No Success in Successive Suits

Posted in Articles by Adam C. King on Fri Jan 16, 2015

More than 200 years after the original Tea Party, the English common law principle of res judicata and the related rule against splitting causes of action can produce unanticipated results in Florida lawsuits.

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A Complicated Relationship – Is It Necessary To Plead A Special Relationship To State A Cause of Action for Common Law Indemnity?

Posted in Articles by Adam C. King on Fri Jan 16, 2015

In construction defect lawsuits, parties routinely assert common law indemnity claims against  downstream subcontractors, material suppliers, and other entities whose work or materials caused the respective defects.  Common law indemnity is a claim that shifts responsibility for damages from a party without any active negligence or fault, but who is liable for damages pursuant to vicarious, constructive, derivative, or technical liability principles, to the party who is actively negligent or at fault.

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Takeover Agreements and Bonds

Posted in Articles by Ty Thompson on Sat Nov 22, 2014

Is it time to revise your form takeover agreement?  In Allegheny Casualty Co. v. Archer-Western/DeMaria Joint Venture III, 2014 WL 4162787 (M.D. Fla. August 21, 2014), the United States District Court for the Middle District of Florida rejected non-binding authority that “when a surety elects to directly undertake performance of a principal’s obligations, the surety’s liability is no longer limited by the amount of the bond.”

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