Kirwin Norris, P.A.

We understand the needs and nuances of the construction process, the complexities of construction law, and the importance of managing and resolving issues in a timely manner to keep your project progressing on time and on budget. Should you be facing litigation, we have an enviable track record of success in state and federal courts. We have in-depth, up-to-the-moment knowledge, along with the valuable industry relationships, that can give you an advantage both on the project site and in the courtroom. Kirwin Norris’ team of dedicated attorneys is located in our Orlando and Fort Lauderdale offices.

Website: http://kirwinnorris.com/
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Latest from Kirwin Norris, P.A.

The economic loss rule lives to bar a claim against a product manufacturer in a real estate transaction.  In a products liability action, there needs to be personal injury or property damage, other than to the property itself, in order to recover economic damages.  Otherwise, the economic loss rule will bar the recovery of such economic losses when the economic losses deal to the product itself.  This is important to keep in mind in any…
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When a contractor is challenging the assessment of liquidated damages, or arguing that it is entitled to extended general conditions, the contractor bears a burden of proof to establish there were excusable delays that impacted the critical path and, in certain scenarios, the delays were not concurrent with contractor-caused delay: When delays are excusable, a contractor is entitled to a time extension, such that the government may not assess liquidated damages for those delays. …
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In a first party bad-faith lawsuit, such as a bad faith claim against an insured’s property insurer, there are three requirements that must be met before the bad faith lawsuit is filed: “‘(1) determination of the insurer’s liability for coverage; (2) determination of the extent of the insured’s damages; and (3) the required notice must be filed under section 624.155(3)(a).’” Fortune v. First Protective Ins. Co., 45 Fla. L. Weekly D2092a (Fla. 2d DCA 2020)…
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Property insurance policies (first party insurance policies) contain post-loss obligations that an insured must (and should) comply with otherwise they risk forfeiting insurance coverage.   One post-loss obligation is the insurer’s right to request the insured to submit a sworn proof of loss.  Not complying with a post-loss obligation such as submitting a sworn proof of loss can lead to unnecessary headaches for the insured.  Most of the times the headache can be avoided.  Even with…
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As you know from prior articles, arbitration is a creature of contract where parties agree to resolve their dispute through arbitration, not litigation.  What if the parties are non-signatories to the arbitration agreement? In a recent case, the trial court compelled parties that did not sign the governing agreement with an arbitration provision to arbitration.  One of the parties argued that the non-signatories to the agreement entered into another agreement which incorporated the agreement with…
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Mistakes happen.  Mistakes even happen in the formation of a contract. The two types of mistakes are mutual mistake and unilateral mistake.  Both can give rise to the reformation or rescission of a contract, although through a clear and convincing standard of evidentiary proof. With a mutual mistake, reformation of the contract is typically the recourse. With a unilateral mistake, rescission is typically the recourse; reformation of the contract may be appropriate if there was…
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When there is a construction defect lawsuit, there is an insurance coverage issue or consideration.  As I have said repeatedly in other articles, it is all about maximizing insurance coverage regardless of whether you are the plaintiff prosecuting the construction defect claim or the contractor(s) alleged to have committed the construction defect and property damage.  It is about triggering first, the insurer’s duty to defend, and second, the insurer’s duty to indemnify its insured for the property…
Improper evaluation of construction bids.
This is the third post in a five-part series about the most common reasons for winning GAO bid protests. The third most common reason for winning a bid protest is when an agency fails to follow the evaluation criteria stated in a solicitation for proposals. As an example, in McGoldrick Construction Services Corporation, B- 409252.2 (Comp.Gen Mar. 28, 2014), the U.S. Army Corps of Engineers issued a solicitation for construction and maintenance services. The proposal was structured…
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When it comes to preparing and recording a construction lien, this case is an example of what NOT TO DO!   I mean it — this exemplifies what NOT TO DO!  It is also a case study of why a party should always work with counsel in preparing a construction lien so that you can avoid the outcome in this case–your lien being deemed fraudulent. In Witters Contracting Company v. West, 2020 WL 4030845…
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CGL policies contain a “Separation of Insureds” provision.  This provision oftentimes states: Except with respect to the Limits of Insurance, and any rights or duties specifically assigned this Coverage Part to the first Named Insured, this insurance applies: 1. As if each named insured were the only Named Insured; and 2. Separately to each insured against whom claim is made or “suit” is brought. This provision is designed to “create separate insurable interests in each…