SURETIES’ RIGHTS UNDER GENERAL INDEMNITY AGREEMENTS

By: Richard E. Guttentag, Esq. and Alexander S. Beck, Esq., Stearns, Roberts & Guttentag, LLC Prior to issuing payment or performance bonds, it is common for sureties to require contractors or subcontractors seeking bonding to execute a general indemnity agreement (“indemnity agreement”). In addition to the contractor entity executing the indemnity agreement, sureties generally require […]

FAILURE TO DISCLOSE SUBCONTRACTOR’S UNDERBIDDING OF PROJECT TO SURETY EXPOSES CONTRACTOR TO LIABILITY FOR FRAUDULENT MISREPRESENTATION

By: Richard E. Guttentag, Esq., Stearns, Roberts & Guttentag, LLC As previously reported, the case of Allegheny Cas. Co. v. Archer-Western/Demaria Joint Venture III, 2014 WL 4162787 (M.D. Fla. August 21, 2014), involved a dispute between a General Contractor (“Contractor”) and a performance bond Surety (“Surety”) on a construction project.  In addition to the court’s […]

GENERAL CONTRACTOR IS IMMUNE FROM SUIT BY SUB-SUBCONTRACTOR’S INJURED EMPLOYEE WHERE SUBCONTRACTOR SECURES WORKER’S COMPENSATION INSURANCE

By: Richard E. Guttentag, Esq., Stearns, Roberts & Guttentag, LLC Any contractor or subcontractor who engages in public or private construction in the state of Florida is required to secure and maintain workers’ compensation for its employees. The liability imposed on employers by Florida’s Workers’ Compensation Law is to only secure workers’ compensation insurance coverage.  […]

DOES YOUR CONTRACT CONTAIN A VALID AGREEMENT TO ARBITRATE?

By: Richard E. Guttentag, Esq., Stearns, Roberts & Guttentag, LLC In determining a party’s entitlement to arbitration, courts consider three elements: (1) whether a valid written agreement to arbitrate exists; (2) whether an arbitrable issue exists; and (3) whether the right to arbitration was waived.  The first element of whether a valid written agreement to […]

WORKER’S COMPENSATION IMMUNITY APPLIES TO COMPANY UTILIZING EMPLOYEES FROM A HELP SUPPLY SERVICE COMPANY

By: Richard E. Guttentag, Esq., Stearns, Roberts & Guttentag, LLC Florida’s workers’ compensation laws are a comprehensive scheme designed to provide swift compensation to injured workers regardless of fault or cause of injury.  In exchange, employers who comply with the worker’s compensation laws are generally immune from personal injury lawsuits brought by their employees, except […]