Tag Archives: contractor

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...

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...

DBE REGULATIONS: A CAUTIONARY TALE

In the last six years, the Department of Transportation, acting through the Office of Inspector General, the Justice Department, and state and local investigative agencies, has actively cracked down on fraudulent disadvantaged business enterprise arrangements and their participants. CONTINUE READING...

Calculating Contractor’s Damages Under a Partially Performed Construction Contract

Since the work was two thirds complete at the time of termination, your thought is to take two thirds of the entire contract amount, subtract out payments received to date, and present this figure as your recoverable damages. Is this approach, which is known as the percentage of completion method, the correct one? CONTINUE READING...