The 2018 hurricane season has officially arrived. Damage caused by flying debris is one of the major threats associated with a hurricane. Securing loose items on your property should be part of your standard preparation when a high wind storm is approaching. But what happens when an item becomes a flying projectile during a storm causing damage to yours
When the Governor declares a storm-related state of emergency, normalcy is suspended. Everyone rushes to stock up on batteries, food, water, ice, and lumber for “boarding up.” Gas stations become parking lots. ATMs run out of cash. Some people flee to hotels; others rent storage facilities for their possessions. For days on end, we are all focused on “the
In a 5-4 decision, a sharply divided U.S. Supreme Court today upheld the enforceability of widely used but controversial clauses in employment agreements, which require employees to forgo the possibility of proceeding collectively, and oblige them to resolve any disputes with their employers through individual arbitration.
“Damage control” is often associated with measures taken to offset or minimize damage to reputation, credibility, or public image caused by a controversial act, remark, or revelation. However, the concept of damage control has been and continues to be prevalent in construction cases. The doctrine of “avoidable consequences”, also sometimes
Hurricane season begins on June 1. Construction companies have a legal obligation to exercise reasonable care to protect and secure their job sites in anticipation of severe weather. Unsecured construction debris, tools, equipment or materials can be blown from the site and strike other property or persons. Taking reasonable precautions can help prevent
A recent decision from the Fourth District Court of Appeal is a reminder that Florida’s homestead protection, while often viewed as sacrosanct, is not absolute.
In Flinn v. Doty, Case Nos. 4D15-2424 and 4D15-3481, the Court upheld an equitable lien on the appellant’s homestead property with respect to claims that the mortgage on the property had been
Two bills, HB 1271 and SB 1164, seeking to overhaul Florida’s construction defect law (Chapter 558 of the Florida Statutes), did not make their way out of the Florida Legislature. Although HB 1271 passed all committees, it died on the calendar awaiting second reading. A vote on its counterpart, SB 1164, was temporarily postponed in the Judiciary
In my March 1, 2017 blog, I discussed how Florida SB 1164 seeks major changes in Florida's construction defect law, including requiring contractors to notify subcontractors of an owner’s notice of defects, requiring notice to and acknowledgment from owners of the risks and benefits of accepting or rejecting repair offers, requiring the claimant or agent
The Equal Employment Opportunity Commission ("EEOC") recently sued CRST International and CRST Expedited (a major trucking and logistics company based in Florida, “CRST”), alleging that it violated the Americans with Disabilities Act ("ADA") by refusing to retain a truck driver trainee, denying the trainee’s request for permission to be accompanied by
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