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Construction Law Authority / Posts tagged "claim"

The “Infallible” Surety, Is Not Immune From The Impact Of A Bad Economy

When negotiating for payment and performance bonds, you should realize that even if you obtain the added protection, you are not 100% safe. Even though they might not be as likely as other construction entities to go out of business, sureties also go out of business. Furthermore, when they do, it can be as difficult to recover from a surety's estate as it is to recover from any other bankrupt construction entity....

Tropical Storm Isaac – Update

Isaac is slowly moving and appears to be taking a more westward trajectory.  Per the National Hurricane Center: A Hurricane Warning is in effect for: The Florida Keys including the Dry Tortugas, The West Coast of Florida from Bonita Beach southward and Florida Bay. This means that hurricane conditions are expected in these areas and the tropical storm force winds can be expected in 36 hours. A Hurricane Watch is in effect for the Florida East Coast from Golden Beach southward. This means that hurricane conditions are possible (as opposed to expected) within the next 24-36 hours. A Tropical Storm Warning is in effect for: Inland Collier County, the Florida East Coast from Jupiter Inlet southward and Lake Okeechobee. This means that tropical storm conditions are expected in these areas within 36 hours. A tropical storm watch is in effect for the Florida East Coast north of Jupiter Inlet to Sebastian Inlet. This means that tropical storm conditions...

Hurricane Isaac Preparedness

As of 8AM this morning, the entire state of Florida is in the 5-day projected path for Tropical Storm Isaac. Isaac is predicted to become a hurricane before hitting Cuba. If you want to follow Isaac's path you can go to www.noaa.gov and do so. Although things may change it is always best to be prepared. For individuals this means securing adequate food, water and medication as well as ensuring personal safety along with the safety of loved ones and pets. For Condominium and Homeowner Associations Becker & Poliakoff has a 12-point Hurricane Preparedness Checklist to prepare for Hurricane Isaac: 1. Disaster Plan – If you have a disaster plan be ready to implement it. At a minimum, designate a responsible community member as Disaster Plan Coordinator and another as Information Facilitator to field queries and respond to from community members. These individuals should be outside the impacted areas so that they...

Learning From Others’ Lessons, That They Learned The Hard Way.

If an owner fails to promptly investigate symptoms of a construction defect, the owner not only runs the risk of a small problem becoming bigger and more expensive to fix, but also runs the risk of losing his or her right to hold the responsible entities accountable. Owners, like the Hochbergs, have lost claims by failing to promptly investigate defects and timely sue the responsbile entities. Others can learn from their experiences without suffering the consequences....

The False Claims Act – Did You Know?

Did you know that the False Claims Act, see, 31 USC ยงยง 3729-3733 is a federal law that allows individuals who are not affiliated with the government to file lawsuits against federal contractors who are believed to have committed fraud in submitting claims to our government? This is also commonly referred to as "whistle blowing."...

Hurricane Season – Disaster Planning Webinar Q and A

As readers of this blog know, one June 1 we put on a webinar to begin preparations for hurricane season. The webinar is available here under the title Disaster Planning for the 2011 Hurrican Season: Are You Ready to Weather the Storm? for those who were unable to join us live. During the course of the webinar we received a number of questions we were unable to answer live due to time constraints. I have listed below some of those questions and the answers. For the sake of clarity and brevity some of the questions have been modified. As always, the below answers are not intended to be legal advice but solely informational.   Q- Can the Board of Directors of a Condominium Association forbid owners and/or guests from entering the property after a natural disaster.  A- Generally, for the Association to prohibit access to the condominium a governmental entity would have to declare the building or surrounding area to...