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Admitted in Florida, the District of Columbia, and Maryland

By

Robert Tanner
When going to trial, a party would often prefer to present multiple witness at trial to testify to the same or similar facts and conclusions in support of the party’s position or against the adversary’s position.  It drives the point home to the judge or jury.  The impact might be even better when the testimony...
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If you are a contractor, Florida’s Construction Lien Law provides lien rights for “labor, services, materials, or other items required by, or furnished in accordance with, the direct contract . . . .”  Fla. Stat., §713.05 (1997).  The law defines a “direct contract” as one between the owner and any other person for improving real...
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While last generation or two-generation old mindsets currently lead nationally to bring back coal, some leaders in Florida are committed to the global change toward sustainable practices.  The latest news appears in Largo, Florida, where “the Largo City Commission voted to approve an organizational commitment to achieve 100 percent renewable, zero-emission energy by 2035. Largo...
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Florida Power & Light Co., has started construction of four new solar power plants.  See the report on Florida Construction News.
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A joint venture is defined by Florida case law as “an association of persons or legal entities to carry out a single business enterprise for profit.” To prove the existence of a joint venture, there must be evidence that each party to the joint venture had the right and the authority to bind the others...
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In Univ. Cmty. Hosp., Inc. v. Prof’l Serv. Indus., No. 8:15-cv-628-T-27EAJ, 2017 U.S. Dist. LEXIS 26298 (M.D. Fla. Feb. 24, 2017) Florida Hospital Tampa (Owner) had consulting agreements with Professional Service Industries, Inc. (Engineer) to perform soil analysis and recommend for a specific type of foundation in the construction of a new emergency department.  Engineer completed...
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In Lexon Insurance Company v. City of Cape Coral, 2017 WL 5759059 (Fla 2d DCA Nov. 29, 2017), the court held that the five-year statute of limitations on a surety bond contract begins to run once the bond principal (typically a contractor) breaches the bonded contract, not when the bond obligee (typically the owner) demands...
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Likely impacts that Hurricane Irma will have on South Florida’s construction industry include: Strain on availability of construction materials, resulting in increased construction costs.  (Does your contract have an escalation clause?) Additional strain on availability of qualified labor Delays in contractor availability to perform work, as contractors (especially roofing contractors) dry-in as many buildings as...
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What to know: a winning plaintiff will usually recover interest from the date the debt came due.  But, not always.  Equitable considerations can result in the complete denial of prejudgment interest. The general rule is that prejudgment interest is simply another element of a plaintiff’s damages that is awarded to make the plaintiff whole.  If...
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Case:  Don Facciobene v. Hough Roofing, Inc., 2017 WL 3051578 (Fla. 5th DCA July 21, 2017). What to know: A contract entered into between two parties can be replaced if the two parties agree.  For example, a contract may be formed when a contractor accepts a proposal submitted by a subcontractor; but, if the subcontractor...
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