Claims Roadmap
Kelly M. Corcoran Orlando, Florida
DEMOLITION OF HOMEOWNERS’ RIGHTS AGAINST FAULTY CONSTRUCTION: a discussion about the requirements under Florida’s Chapter 558 Notice of Construction Defects and proposed legislation.
Typically, the most important, and largest, purchase in a person’s life is their home. Due to negligence in the construction industry, many homes are built with construction defects that require tens or hundreds of thousands [...]
Community Managers, Attorneys, and Board Members Beware: Utah Lawsuit Highlights Risks
A lawsuit filed in March of this year in Utah highlights the risks involved in managing and advising community associations struggling with deficient construction and inadequate reserves. In the case of Daybreak Townhome 1 Owners’ [...]
Decoding (Mind-Numbing) Software Agreements: Part 3
In the third part of decoding EULAs, we focus on support terms also known as updates or modifications. As discussed previously, the EULA is the agreement containing the terms the user of a software program [...]
Decoding (Mind-Numbing) Software Agreements: Part 1
Software has become an integral part of the construction world and its use is only growing. There are hundreds of software providers for project management systems, estimating, schedule tracking, BIM, accounting, project portal, dropbox, cloud [...]
Middle District of Florida reaffirms broad duty to defend contractors in construction-defect litigation
On December 18, 2018, the United States District Court for the Middle District of Florida held that the “property damage” requirement and the “Damage to Your Work” and “Exterior Finishing System and Stucco” exclusions were [...]
Florida Court of Appeals creates hurdles to assignment of benefits
Last month, the Florida Court of Appeals for the Fourth District weakened assignment-of-benefits claims after it held that an insurer may require all insureds and mortgagees to provide written consent prior to executing an assignment [...]
Florida Supreme Court strengthens policyholders’ bad-faith claims
Last week, a divided Florida Supreme Court strengthened policyholders’ bad-faith claims against insurers by overturning an appellate court’s decision, finding that the lower court had misapplied Florida’s well-established bad-faith precedent and had relied on inapplicable [...]
Effectiveness of Suit Limitations in Community Associations’ Governing Documents
Construction defects plague many buildings in Florida, leading to lawsuits against developers and contractors. Seasoned developers have tried placing limits on their liability in a variety of ways, including inserting provisions in associations’ governing documents [...]
Decoding (Mind-Numbing) Software Agreements: Part 2
In the previous blog update (Part 1), I promised to continue decoding densely worded End User License Agreements (EULA). As discussed in the prior blog, the EULA is the agreement containing the terms the user [...]