If you are considering a protest concerning a competitive solicitation pursuant to Chapter 120, Florida Statutes (the "Administrative Procedure Act"), a protest bond may be required....
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B 84 and HB 85, as amended to reflect the merger with a competing bill, continues to pick up momentum. The House Bill passed the Government Operations Subcommittee three days ago by a vote of 11 to 1 and the Senate Bill is set for the Governmental Oversight and Accountability Committee today. Many interested parties have raised very good suggestions for changes in the statutory language and we’re addressing as many of them as we can. We’re excited that this legislation has garnered so much attention, as that indicates people are preparing themselves to implement it upon passage. Keep up the support!
I was recently interviewed by Carolina Bolado at Law360 about the legislation and the portion of her article addressing it is reprinted below. In the meantime, the newly formed Florida Council of Public/Private Partnerships is putting the final touches on our P3 conference set for May 16 and 17 in Orlando, which will coincide with the statewide launch of that trade association to the public. If you want to be on the e-mailing list to receive notice of the seminar when registration opens shortly, let me know.
In the meantime, keep up the P3 momentum! Here is the segment of the Law360 article on P3:
For the last eight (8) years, Florida’s economic loss rule has been applied to bar claims (1) where the parties are in contractual privity and one party seeks to recover damages in tort for matters arising out of the contract, or (2) where the defendant is a manufacturer or distributor of a defective product which damages itself but does not cause personal injury or damage to any other property. Indemnity Ins. Co. v. American Aviation, Inc., 891 So.2d 532 (Fla.2004). However, in its March 7, 2013 5-2 split decision in Tiara Condominium Ass'n, Inc. v. Marsh & McLennan Companies, Inc., 38 Fla.L.W. S151A (Fla. March 7, 2013) the Florida Supreme Court has now receded from prior precedent and appears to have limited the application of the economic loss rule to product liability matters. The Court observed that the economic loss rule is a judicially created doctrine that sets forth the circumstances...
Public/Private Partnership legislation continues its momentum...
A new study finds green building sharply on the rise....
Simply because you identified an appropriate policy and adequate coverage at some point in the past, does not mean that the policy is appropriate and the coverage is adequate for you now. Therefore, when you receive a renewal notice from your insurance company, it is best to fully re-evaluate your insurance coverage instead of blindly submitting the renewal premium....
Investigating and placing potentially responsible parties on notice about the existence of construction or design defects against Developers, Contractors or Design Professionals in accordance with Chapter 558, Florida Statutes, is an important part of the claims process. As their defect claims progress, Individual Property Owners and Condominium Associations may need professional assistance from their attorneys and design consultants in calculating the potential costs to correct construction or design defects. There are many other reasons why Owners or Associations would want to obtain repair proposals or estimates. For example, while repair estimates may help Owners and Associations budget for repairs, they may also help Owners and Associations to prioritize their claims for settlement purposes. Repair estimates enable Owners and Associations to identify any defects they may wish to withdraw from their Ch. 558 pre-litigation construction defects claims, or from litigation, during the course of settlement negotiations. When negotiating a...
The scope of a performance bond's protection is limited, but can be expanded. To ensure that the surety will be responsible for all applicable work, it is important to keep the bond's scope in mind throughout the course of the project, and expand it as necessary, to make sure the bargained-for protection is available, in the event you need it....
Unlicensed contractors lose all legal rights even if the other parties to their contracts knew contractor was unlicensed...
Proposed amendment to pending bill would make people involved in inaccurate liens liable for felonies...