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Florida Construction Law Update

Monthly Archives: November 2012

Insurer’s Total Pollution Exclusion Valid According to U.S. Southern District of Florida Court

Posted in Construction, Contractors, Insurance

Due to the use of Chinese drywall in construction projects, there has been an advent of class action litigation against contractors and suppliers of Chinese drywall for personal injuries and property damage.  Recently, insurers have started the process to deny coverage for the contractors who installed Chinese drywall. Since the mid‐1980s virtually all Commercial General… Continue Reading

Florida’s Broken Lien Law Attorney Fee Statute Desperately in Need of Repair

Posted in Construction, Construction Contracts, Lien

Florida’s Lien Law statute generally provides in Section 713.29 that the prevailing party in a lien foreclosure or bond enforcement action shall be entitled to its reasonable attorney’s fees.  The sense of certainty that appeared on the face of this Statute historically weighed favorably on a party’s evaluation of whether and how to prosecute or… Continue Reading