5 Things You Should Know About the Proposed Revisions to Florida's Construction Defect Statute
January 20, 2022
Jeffrey S. Wertman
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Construction Defects Claims
A new bill making its way through the Florida Legislature, SB 736, if enacted into law, will significantly affect future construction defect claims
Client Alert: Insurers Continue to Scrutinize ACV/RCV Provisions
January 19, 2022
Insurance, ACV Provisions, RCV Provisions
A Primer on Florida’s Construction Lien Law
September 22, 2021
William O. Diab
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Construction Litigation, Construction Law
For those construction industry players who need a refresher on an evolving area of law, or for those new to the Sunshine State, the following article serves as a primer on some of the commonly faced issues by property owners and lienors, as well as best practices to maximize your compliance with the statute.
Florida Supreme Court Watch: Sanders v. State Farm
September 3, 2021
Samuel Gilot
Looming Infrastructure Bill Spotlights Recent Amendment to Florida's Public Bonding Law for Construction Projects
August 23, 2021
Adam E. Richards
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American Jobs Plan, Infrastructure Task Force, Infrastructure Bill
Florida’s fraudulent lien law has been on the books for well over a decade. The law simultaneously created a powerful tool for responding to construction liens while intensifying the scrutiny of lienors and the amounts liened for. Today, a host of caselaw exists to assist the industry in navigating the legal minefield that comes with enforcing construction liens in the Sunshine State. Just two years ago, and perhaps armed with some prescience, the legislature amended Chapter 255, Florida Statutes, in order to create a similar statutory framework for fraudulent bond claims on public projects. Since then, not one single opinion can be found in connection with the new language in Section 255.05(2)(a)(2), Florida Statutes. Yet, with the substantial increase in public construction work, more bond claims will inevitably follow.
The American Jobs Plan: Florida Transit and Transportation
August 12, 2021
Colin M. Roopnarine
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Infrastructure Task Force, Infrastructure Bill, American Jobs Plan
On August 8, 2021, the Senate voted to move President Biden’s $1 trillion infrastructure bill, the “American Jobs Plan” (“Jobs Plan”), forward with a final vote coming as soon as August 9, 2021. It will then move to the House. Political maneuvering aside, a vital component of the Bill is the investment in transportation, which could exceed $621 billion over an eight-year timeframe. This investment would include public transit, passenger rail systems, improvements of services, and a tremendous backlog of road, highway, bridge and other repairs.
Client Alert: Medical Cannabis - Buyer Beware!
August 11, 2021
Colin M. Roopnarine
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Medical Cannabis
With signs in the State of Florida all pointing to a possible resumption of medical cannabis licensing (the first of which was rulemaking involving the black farmers and the Pigford case), many businesses and entrepreneurs are once again seeking to capitalize on the financial potential of the Florida market. But…buyer beware!
Cyptocurrency, ATM’s, and You
August 9, 2021
Colin M. Roopnarine
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Cryptocurrency, Government and Regulatory
Prior to 2018, the State of Florida Office of Financial Regulation, and partially in response to the rise in popularity of crypto currencies and curiously enough, ATM’s to transact business, often required the crypto currency business to obtain a Money Transmitter License.
Benefits of Having an eDiscovery Department in a Law Firm
July 27, 2021
Anely M. Nunez and Jessie G. Torres
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eDiscovery
About 20 years ago, an electronic revolution forced litigators to assess how to handle the growing data volumes leading to a new niche in the legal industry called eDiscovery. Particularly over the last five years, data has been growing exponentially as people create enormous amounts of electronic information. Although only a small percentage of data is stored into a subsequent year, the installed base of storage capacity, according to Statista, “is forecast to increase, growing at a compound annual growth rate of 19.2 percent over the forecast period from 2020 to 2025.”
Berger Singerman’s 2021 Annual Hurricane Season Survey
June 25, 2021
Hurricane Preparedness Week , Atlantic Hurricane Season, Insurance, Hurricane Insurance Claims
Berger Singerman’s 2021 Annual Hurricane Season Survey polled more than 1,800 business owners and residents in South Florida. The results are alarming and prove that many are not ready to brace the season.
Hung Out to Dry: Property Insurance Cancellation
June 24, 2021
Gina Clausen Lozier
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Hurricane Preparedness, Atlantic Hurricane Season, Policy Cancellation
Following the recent wave of policy cancellations and non-renewals, many of Florida’s property owners are left wondering whether cancellation of their policy is imminent and, if so, how long will they have to find new insurance. The cancellation of an insurance policy always a concerns but even more time-sensitive during hurricane season. Fortunately, the cancellation of certain property insurance policies during a hurricane event is governed by Florida Statute Section 627.4133(2)(d), which outlines the various requirements and time frames Florida’s insurers must follow.
Harsh Weather Defies Construction Industry in Florida
June 23, 2021
Adam E. Richards
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Insurance, Construction Delays , Construction Litigation
Given the amount of unprecedented ‘disasters’ we have had this past year and the COVID-19 pandemic directly affecting the construction industry with supply shortages and delays, there is simply no better time to be ready for severe storms than yesterday. Hurricanes have caused damage to all kinds of construction and infrastructure in the US, most recently in Florida, Texas and Puerto Rico. With supplies so scarce, industry-wide delays and contractors already weary, what legal measures can businesses and homeowners alike take to assure they are not left out to dry?