A note on subrogation.
There are two types of subrogation recognized in Florida: (1) conventional subrogation; and (2) equitable subrogation.
“‘Conventional subrogation arises or flows from a contract between the parties establishing an agreement that the party paying the debt
Florida Construction Legal Updates
Florida Construction Legal Updates, published by Kirwin Norris, P.A., focuses on legal issues related to construction projects in Florida. The blog covers topics such as contract disputes, prejudgment interest, insurance coverage limitations, foreclosure sales related to construction liens, attorney's fees provisions in construction contracts, and the enforceability of agreements in construction contexts. It addresses practical legal challenges faced by contractors, subcontractors, property owners, and lenders, including arbitration, bid protests, financing, and delay claims. The content emphasizes recent case law and statutory interpretations relevant to construction law practitioners and stakeholders in Florida's construction industry.
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FOLLOW THE DISPUTE RESOLUTION PROVISION(S) IN YOUR CONTRACT
When you are in a dispute, one of the first things you want to look at is the dispute resolution provision(s) in your contract. What does the provision(s) say? (There could be more than one provision.) Do you need to…
MAKE SURE YOU COMPLY WITH FLORIDA’S PRE-SUIT NOTICE REQUIREMENTS FOR CONSTRUCTION DEFECTS
Welcome to Florida! If you deal with construction defects in Florida, then you know, or certainly should know, about Florida Statutes Chapter 558. Chapter 558 contains the pre-suit notice requirements before instituting a construction defect lawsuit. They are a…
…MORE ON DELAY CLAIMS AND THE BURDEN OF PROOF SUBSTANTIATING DELAY
How about some more on DELAY claims and the burden of proof substantiating delay.
Delay claims can no doubt be complex – factually and legally. They warrant expert opinions further bolstered by fact witness testimony from the folks that lived…
TIME IS MONEY ON CONSTRUCTION PROJECTS AND CATEGORIES OF DELAY
As we know on construction projects, the adage “time is money” always applies. It applies to contractors just as much as owners.
If a project is delayed, a contractor incurs additional overhead costs known as general conditions and general requirements…
KEEP AN EYE OUT ON WHAT YOUR INSURANCE POLICY AND CONTRACT SAYS
There is a very good reason the contract requires the party providing a service (e.g., subcontractor) to name the paying party (e.g., general contractor) as an additional insured under its liability policies (e.g., CGL policy) on a primary and non-contributory…
UNLICENSED CONTRACTING AND FLORIDA STATUTE s. 489.128
Florida Statute s. 489.128 is a statute that provides a remedy against unlicensed contracting. However, keep in mind that this argument—the unlicensed contractor argument—is a technical statutory argument. In other words, it’s not so much of a fact-based merits argument,…
KNOW YOUR BURDEN OF PROOF IN AN INSURANCE COVERAGE DISPUTE DEALING WITH AN ALL RISK POLICY
Understanding your burden of proof is vital. The burden of proof goes to what a party NEEDS to prove to satisfy or prove the claims or defenses asserted. It’s need-to-know when litigating and trying a case (whether in court or…
DISPUTE AMONG JOINT VENTURE PARTNERS AND JOINT VENTURE AGREEMENT
In a dispute involving joint venture partners and a joint venture agreement, one of the partners sued a third party (which purchased the assets of the other partner). Claims against the third party included tortious interference of the joint venture…
CONSTRUCTION DEFECT DISPUTES: KNOW YOUR MEASURE OF DAMAGES!!!!!
Remember this: know your measure of damages in a construction defect dispute. If you don’t, as shown below, the outcome can be unforgiving. The measure of damages is one of your most important elements of proof. You are filing suit…