Hurricanes & Warranty Claims

Generally speaking, a hurricane is considered an Act of God.  Whether your warranty is voided because of hurricane force winds depends on the wording of your contract and warranty.  An Act of God waiver or disclaimer may act to eliminate a roofer’s liability for potential warranty claims. Similarly, a workmanship warranty may contain provisions which exempt damages caused by hurricanes. …

Honesty with Policies: Business Tactics Roofers Should Avoid

The demand for roofing work often increases after any natural disaster or, in Texas, after a severe storm. Insurance usually pays for roofing repairs after severe weather which results in roofers, some from out of state, appearing and increasing their advertising efforts to get a portion of the business.  Roofers should be aware that improperly…

Lien Transfer with No Surety

Action against lien transfer bond must be brought within one year of transfer – if lien is transferred during pendency of lien foreclosure action. Prior to 2005, Florida Statute, Section 713.24 provided that if a lawsuit to enforce a transferred lien was not commenced within one year of recording the lien, the clerk was required…

Anderson v. Taylor Morrison of Florida, Inc.

Anderson v. Taylor Morrison of Florida, Inc., 2D16-314, 2017 WL 2374404 (Fla. 2d Dist. App. May 31, 2017).   Anderson v. Taylor Morrison of Florida, Inc. revolves around an arbitration provision in the limited warranty that Taylor Morrison of Florida, Inc. (the “Builder”) provided to the Andersons. Six years after purchasing the home, the Andersons…

Subcontractors Continue to be Plagued by Additional Insureds

Parties who are additional insureds (an entity that has been added to another entity’s insurance policy that do not have to pay premiums) on subcontractor Commercial General Liability policies have little incentive to take any preventive measures to ensure its negligence does not hurt a third party. Subcontractors that are named insureds must accept a…

Revised AIA Documents – Released April 2017

The American Institute of Architects (AIA) recently released revised versions of its form agreements. These agreements are considered the standard contracts for managing the relationships and transactions involved in construction projects. The A201-2017 form, General Conditions of the Contract for Construction, includes updates to the following provisions: Insurance and Bonds Exhibit: The A201 forms now…

Trump Endeavor v. Fernich, Inc.

In Trump Endeavor 12 LLC v. Paint Spot, Trump appealed two trial court orders: (1) a final judgment of foreclosure on a construction lien by Paint Spot for Trump’s failure to pay Paint Spot $32,535.87 for materials supplied to the project; and (2) a final judgment awarding attorney’s fees and costs to Paint Spot. Paint…

Florida Court Overrules Decision Denying Fees in Miller Act Claim

Earlier this year, a Florida appellate court overruled a decision denying a claim for attorneys’ fees by a prime contractor and its surety after prevailing in its defense of a Miller Act claim. In U.S.A. f/u/b/o RMP Capital Corp. v. Turner Construction Co., 2017 WL 244066 (11th Cir. 2017), a subcontractor and sub-subcontractor on a…

Case Law Update: Mid-Continent Casualty Co.

A recent 5th DCA decision further clarified a reoccurring issue in construction litigation cases involving insurance companies.  Commercial general liability (“CGL”) policies typically contain a section called “Supplementary Payments ” section that generally states as follows: Insurer will pay, with respect to any claim we investigate or settle, or any “suit” against an insured we defend:…

Trent Cotney, P.A. Named a Best Law Firm in 2016

Trent Cotney, P.A. Named to US News & World Report’s 2016 Best Law Firms FOR IMMEDIATE RELEASE

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