READ Before You Dig – Florida’s Anti-Indemnification Statute is Inapplicable to Utility Contracts

Nothing can be certain, except death, taxes, and arguments about the enforceability of indemnification provisions in construction contracts. CONTINUE READING...

Does the Chapter 558 Process Constitute a “Suit” Under Commercial General Liability Policies?

Thus, the Court decided that the 558 process, under that particular CGL language, constituted a “suit” that triggers the insurer’s duty to defend the insured. CONTINUE READING...

Flow-Down Provisions: “Subject To” Language, Standing Alone, May Not Be Enough

If a general contractor-subcontractor dispute arises where the subcontract has a different dispute resolution provision than that of the prime contract, which clause governs? For example, the prime contract requires disputes to be litigated in state court, but the subcontract requires arbitration of disputes. Whether a court will enforce the dispute resolution clause in the prime contract as valid and binding on the subcontractor may depend on the existence and specific language of a “flow-down” provision. CONTINUE READING...

Design Professional Agreements – Who Are You Liable For?

Lillibridge has dispelled the myth that design professionals are only responsible for their design. The lesson from Lillibridge is that design professionals should be mindful of the ramifications of certain contractual relationships they undertake with design consultants. CONTINUE READING...

Indemnitees, Is Your Claim Timely? Indemnitors, Don’t Forget the Statute of Repose Defense

If you want to bring an indemnification claim against another party, be mindful of the Statute of Repose and the Echeverri case. CONTINUE READING...

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