Tag Archives: construction

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...

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...

Is the Foreign Venue Provision in Your Contract Enforceable?

Contracts often contain a provision stating that the venue for all claims arising out of the contract shall lie solely and exclusively in a certain location or that the contract shall be enforced in the courts of a specific state. This typically is advantageous to the party that prepared the contract. The question is—is it enforceable? CONTINUE READING...