SEPARATION OF INSURED PROVISION CREATES SEPARATE INSURABLE INTEREST IN EACH INSURED UNDER INSURANCE POLICY
By: Alexander S. Beck, Esq., Stearns, Roberts & Guttentag, LLC A coverage exclusion found in many commercial general liability (CGL) policies is the “employer’s liability exclusion”. Under this exclusion, an employer’s insurance coverage does not extend to the bodily injury of its employees, when the injury arises out of and in the course of their […]
THE MEASURE OF CONTRACT DAMAGES
By: Alexander S. Beck, Esq., Stearns, Roberts & Guttentag, LLC Under Florida law, when suing for damages resulting from a breach of contract arising out of non-payment for work performed and where the contract is fully performed, the unpaid contract price is the measure of damages. Where the contract is substantially performed, the measure of […]
ARBITRATING THE LEGALITY OF A CONTRACT
By: Alexander S. Beck, Esq., Stearns, Roberts & Guttentag, LLC Arbitration is an alternative to litigation in the court system. There are pros and cons to both forms of dispute resolution. Arbitration can be a quicker and cheaper process though this is less the case in large complex disputes. Litigation allows for more thorough fact […]
THE GENERAL CONTRACTOR’S LICENSING REQUIREMENTS UNDER A “DESIGN-BUILD” CONTRACT
By: Richard E. Guttentag, Esq. and Alex Beck, Esq., Stearns, Roberts & Guttentag, LLC “Design-build” projects involve an integrated approach that delivers design and construction under one contract. Under a design-build contract, the owner enters into a single contract, usually with a general contractor (who in turn enters into a contract with an architect), rather […]
VENUE SELECTION CLAUSES IN FLORIDA CONSTRUCTION CONTRACTS
By: Richard E. Guttentag, Esq. and Alex Beck, Esq., Stearns, Roberts & Guttentag, LLC “Venue” refers to the geographical area or county where a lawsuit may be heard or tried. The parties to a contract may include a provision, known as a venue or forum selection clause, in a contract that establishes venue in a […]
CONTRACT MAY NOT SHORTEN STATUTE OF LIMITATIONS PERIOD
By: Douglas J. Roberts, Esq. and Alex Beck, Esq., Stearns, Roberts & Guttentag, LLC When a party wishes to file a lawsuit, one of the first issues to consider is whether the action is timely under the applicable statute of limitations (“SOL”), or if the limitation period has expired, which bars the suit. The SOL […]
PAYMENT BOND CLAIMS AND PREVAILING PARTY ATTORNEY’S FEES
By: Douglas J. Roberts, Esq. and Alex Beck, Esq., Stearns, Roberts & Guttentag, LLC When evaluating a potential construction payment bond claim, claimants should not only consider the potential likelihood of success, but also the amount of attorney’s fees that all parties to the suit will incur as result of the litigation. Under Florida law1, […]
MANUFACTURER RELIEVED OF DUTY TO WARN UNDER ‘SOPHISTICATED USER’ DOCTRINE
By: Richard E. Guttentag, Esq. and Alexander S. Beck, Esq., Stearns, Roberts & Guttentag, LLC Generally, a manufacturer of a product has a duty to warn the user of the product of dangers that are known or reasonably foreseeable to the manufacturer, but are unknown or unforeseeable by the user. While Florida law recognizes claims […]
ARBITRATION CLAUSE HELD UNAMBIGUOUS AND ENFORCEABLE DESPITE JURY WAIVER CLAUSE IN CONTRACT
By: Richard E. Guttentag, Esq., Stearns, Roberts & Guttentag, LLC Arbitration of a dispute is only available pursuant to an agreement by the parties. The determination of whether an arbitration clause in a contract is valid and enforceable is based on basic contract interpretation principles. The case of Bari Builders, Inc. v. Hovstone Properties Florida, […]
INSURER WAIVES RIGHT TO DENY COVERAGE UNDER FORFEITURE PROVISION
By: Richard E. Guttentag, Esq. and Alex Beck, Esq., Stearns, Roberts & Guttentag, LLC Many insurance policies contain “forfeiture provisions” which are invoked by insurance companies to deny coverage for claims which would otherwise be covered under a policy. A common example of a forfeiture provision requires the insured to timely file a notice of […]