Author Archives: Construction Law Blog

Does the catalyst theory for recovery of attorneys’ fees apply to settlement agreements? (Does it apply, at all?)

Is the famed catalyst theory for recovery of attorneys’ fees still alive in Florida (was it ever) and how might it be applied to Settlement Agreements? Are you protected from / entitled to a claim for attorneys’ fees after you’ve settled? CONTINUE READING...

First Cost and Betterment – Two Types of Defenses against Claims for Construction Damages

If you are a designer or contractor who’s been accused of negligent design or construction, you will want to analyze the owner’s claimed damages to see if they might be reduced by the amount of the first costs or betterment. 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...

A Decade Later – Which Defendants Receive the Protection of Florida’s 10-Year Statute of Repose for Improvements to Real Property?

The 10-year statute of repose provides a strong defense to certain construction professionals for latent defects that are not discovered until well after the completion of construction. Are you one of the select group of construction professionals who receives the protection of the statute of repose? CONTINUE READING...