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Case Law

Fernando Subirats v. Fidelity National Property

Fernando Subirats v. Fidelity National Property, 38 Fla. L. Weekly D396a, Case No. 3D12-68, filed February 20, 2013: The Department of Financial Services was found to have exceeded its rulemaking authority by enacting Rule 69J-166.031, F.A.C., requiring an insurer to notify its insured within five (5) days of receiving a claim of the right to […]

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What is the Little Miller Act?

You’ve likely heard about the Miller Act, a commonly cited piece of legislation that requires a general contractor to obtain a performance bond and a payment bond before they can be awarded a federal contract in excess of $100,000. This act helps bolster the quality of work in construction by ensuring project completion and payment. […]

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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 […]

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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 […]

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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 […]

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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 […]

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Court Finds in Favor of Unlicensed Contractor

In Brock v. Garner Window & Door Sales, Inc., 187 So.3d 294 (Fla. 5th DCA 2016), the Court held that an unlicensed window installer could enforce the 4 year statute of limitations on construction contracts with licensed contractors even though he was unlicensed.  It further held that Florida Statute 489.128, Florida Statutes which makes contracts […]

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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: […]

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CASE LAW UPDATE: KEDDO ENTERPRISES

Keddo Enterprises, LLC. V. The Florida Building Commission, Florida 5th DCA, Case No. 5D14-3846 (September 4, 2015). Keddo Enterprises, LLC, manufactures and markets a product called “Storm Stoppers.” This is a lightweight panel designed to be an alternative to plywood for protection against hurricanes and windstorms. Keddo appealed an order by the Florida Building Commission […]

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RPM International and Tremco pay millions to resolve allegations regarding false claims

RPM International Inc., Medina, Ohio, and its subsidiary, Tremco Inc., Beachwood, Ohio, have paid $60.9 million to resolve allegations that Tremco filed false claims in connection with two multiple award schedule (MAS) contracts with the General Services Administration (GSA) for roofing supplies and services, according to the Justice Department. Tremco failed to provide the government […]

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