http://floridacontractlaw.blogspot.com/2014/02/citizens-prop...
State-Created Insurer's Civil Immunity Does Not Necessarily Preclude Actions Against it for Bad Faith
A recent case out of the First DCA has certified a conflict with the Fifth DCA over an issue very important for Florida property owners. The question that gave rise to the conflict is whether Citizens' insured can bring a lawsuit against it for failure to settle a claim in... [...]
http://www.floridaconstructionlawauthority.com/2014/08/artic...
Concrete Repairs – Some Matters to Consider
Concrete generally consists of three components: (a) water, (b) an aggregate material such as sand, gravel, or stone, and (c) cement. In condominiums, concrete is often used in the formation of the shell of the building, with further support and strength being provided by reinforcing steel located within a condominium’s... [...]
http://floridacontractlaw.blogspot.com/2014/03/florida-supre...
Florida Supreme Court on Material Breach, Conditions Precedent and Subsequent, and Insurer Prejudice
The Florida Supreme Court had a busy day today. They decided in McCall v. U.S., No. SC11-1148 (Fla. Mar. 13, 2014), that the legislature's cap on noneconomic damages in wrongful death cases violated the equal protection guarantee of the Florida Constitution, because there... [...]
http://www.mondaq.com/unitedstates/x/304776/Contract Law/Rec...
Perils Of Conflicting Arbitration Clauses
A recent Florida Supreme Court decision may provide ammunition to non-English speaking consumers seeking to preclude the enforcement of arbitration clauses contained in consumer contracts written in English. In Roberto Basulto, et al. v. Hialeah Automotive, etc., et al., No. SC09-2358, 2014 WL 1057334 (March 20, 2014) a 5-2... [...]
http://www.floridaconstructionlawauthority.com/2014/06/artic...
Bid Alert: Review The Contract Terms
If you intend to provide a service to a public agency, be sure to consider the impact of long term contractual issues on the cost and profitability when preparing the proposal. The agency’s contractual requirements are typically incorporated into the solicitation. If they are not, you may have to inquire as to what they will include... [...]
