Preserving Coverage Defenses – The Latest Word
For an insurer, numerous obligations are triggered upon notification of the existence of a claim. One of these is when a coverage defense can be asserted. The United States Court of Appeals for the...
View ArticleAppellate Rights for Arbitration Litigants
As those in the industry are aware, the standard AIA documents – as well many of the other form contracts in construction – include arbitration provisions, the result of which is that many...
View ArticleThe Slavin Doctrine is Alive and Well – Ask CSK’s Clients!
Cole, Scott and Kissane (“CSK”) recently won two very significant personal injury cases arising from construction projects on behalf of design professionals based on the Slavin Doctrine. The Slavin...
View ArticleA Tale of Two Districts: Florida Courts Split on the Application of Relation...
The situation is a familiar one. An Owner of a completed construction project notifies the Architect and/or General Contractor of alleged construction deficiencies at a Project. Review by the Architect...
View ArticleMassive Cost Overruns at World Trade Center Project – Unfortunate Situation...
Thousands gathered on September 11, 2012 at the World Trade Center site in New York, which marked the 11th anniversary of the September 11th terrorist attacks. Although the construction of the World...
View ArticleEconomic Loss Rule – A Narrowed Approach
The Florida Supreme Court has finally taken the Economic Loss Rule head-on and has attempted to address an issue that has created much litigation. On March 7, 2013, the Court released its opinion in...
View ArticleLegislative Update: Bills To Alter Florida’s Construction Lien Law Dies In...
Earlier this month, the Florida Legislature wrapped up its 2013 Regular Session. With its close on May 3, 2013, came the demise of legislation intended to make changes to Florida’s construction lien...
View ArticleNotices to Owner Under Florida’s Lien Statute
Liens are a useful tool for contractors or subcontractors to obtain payment from the owners of construction projects in the event they are not paid for the work that has been performed. Under Florida...
View ArticleConstruction Law Success Story: Partial Summary Judgment on Duty to Defend...
Cole, Scott & Kissane’s Florida Construction Law Attorneys, David Salazar and Dave Peterson, recently obtained partial summary judgment on the duty to defend a structural engineer in a construction...
View ArticleRecent Case Law to Help Navigate Dual Employment in a Construction Setting
Recently, the First DCA addressed the issue of dual employment as it relates to a contractor and subcontractor. See Roof Painting by Hartzell, Inc./Summit Holdings Claim Center v. Andres Hernandez,...
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