Home Sales, Disclosing Defects - Home purchasers appealed summary judgment granted in favor of sellers regarding claims of defects that had a material adverse effect on the property’s value pursuant to Johnson v. Davis, 480...more
Involuntary Dismissal of Counterclaims – In a suit between a developer and general contractor, the trial court erred in dismissing the general contractor’s counterclaims, without a motion by the developer, before the...more
7/10/2015
/ Breach of Contract ,
Commercial General Liability Policies ,
Construction Defects ,
Construction Industry ,
Contractors ,
Damages ,
Duty to Defend ,
General Contractors ,
Indemnification Clauses ,
Insurance Industry ,
Product Defects ,
Real Estate Development ,
Severe Weather ,
Subcontractors ,
Summary Judgment
Commercial General Liability Policies; “Injury-in-fact” vs. “Manifestation” as Trigger for Coverage; “Your Work” Exception – A CGL policy’s “Your Work” exclusion precludes coverage for defective installation when no damage...more
4/15/2015
/ Appeals ,
Commercial General Liability Policies ,
Construction Defects ,
Construction Industry ,
General Contractors ,
Injury-in-Fact ,
Insurance Litigation ,
Petition for Writ of Certiorari ,
Policy Exclusions ,
Property Damage ,
Subcontractors
FLORIDA STATE CASES -
Slavin Doctrine; Design Contracts - Under the Slavin doctrine, a subcontractor design company was not liable despite negligently designing intersection traffic lights that resulted in a fatal car...more
1/19/2015
/ Car Accident ,
Community Development Entities ,
Construction Contracts ,
Construction Industry ,
Construction Liens ,
Contractors ,
Department of Transportation (DOT) ,
Design Defects ,
Liens ,
Negligence ,
Payment Bonds ,
Subcontractors ,
Surety & Fidelity
Applying the Ameris factors, the Middle District of Florida abstained from and dismissed indemnitor’s declaratory judgment action to determine indemnity provision’s (1) scope, (2) duty to defend against third-party...more