Ogden v. Defelice, 50 Fla.L.Weekly D937d (Fla. 5th DCA 2025), is a construction case that doesn’t talk about construction issues. Go figure. Nonetheless, it does touch upon two worthy considerations: (i) admissions in answers to lawsuits; and (ii) fictitious names. Both
Florida Construction Legal Updates
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UNJUST ENRICHMENT DAMAGES MUST BE MEASURABLE AND QUANTIFIABLE
Just because you are pursuing a claim for unjust enrichment does not mean you don’t have to still prove your damages with a reasonable degree of certainty. You ABSOLUTELY do:
Under Florida law, unjust enrichment damages must reflect the reasonable…
WARY TO THE UNLICENSED CONTRACTOR – YOU ARE SH*T OUT OF LUCK
Constructing licensing is governed under Florida Statutes Chapter 489. Under Florida Statute s. 489.128, an unlicensed contractor has NO rights or remedies. Stated differently, an unlicensed contractor is “sh*t out of luck!”. However, what’s been complicated, and it really…
AGENCY PRINCIPLES MATTER (INCLUDING WHEN IT COMES TO ARBITRATION PROVISIONS)
A non-construction case touches upon important considerations regarding arbitration and agency principles. Agency principles matter and while this case deals with agency principles relative to arbitration, the principles can be extrapolated to a variety of scenarios.
Here are the key…
A CONTRACT IS A CONTRACT: RELEASES AND CHANGE ORDERS / BILATERAL MODIFICATIONS ARE CONSTRUED AS CONTRACTS
A contract is a contract. It should say what it means and means what it says. A release is construed like a contract. A change order or bilateral modification is construed like a contract. The decision out of the United…
SPEARIN DOCTRINE CAN APPLY IN DESIGN-BUILD CONTEXT
The Spearin doctrine is a doctrine in the construction industry that broadly means the owner impliedly warrants the constructability of the plans and specifications given to the contractor. This implied warranty attaches to a design specification, but not a performance…
FLORIDA RECOGNIZES TWO TYPES OF SUBROGATION: (1) CONVENTIONAL SUBROGATION; AND (2) EQUITABLE SUBROGATION
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…
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…