B Michael Clark Jr
February 24, 2021 | Daily Business Review
Certified Question to High Court: Do Original Arbitration Provisions Apply to Subsequent Homebuyers?Contractual provisions prescribing arbitration as the means of dispute resolution for construction defect claims are widely used in agreements offered by residential developers for sales of their new homes, and sometimes they are incorporated in the deeds by which title is transferred.
By B. Michael Clark Jr.
5 minute read
February 12, 2018 | FC&S Insurance
Statute of Limitation Begins to Run When Principal Under Surety Bond Abandons Construction ProjectThe five-year statute of limitations for actions against surety bonds in construction disputes has been the subject of a number of significant Florida…
By B. Michael Clark Jr.
5 minute read
February 07, 2018 | Daily Business Review
Statute of Limitation Begins to Run When Principal Under Surety Bond Abandons Construction ProjectThe five-year statute of limitations for actions against surety bonds in construction disputes has been the subject of a number of significant Florida appellate court rulings over the years.
By B. Michael Clark Jr.
5 minute read
January 02, 2018 | Daily Business Review
Fla. Supreme Court Finds Insurers Liable From Onset of Construction Defect Pre-Suit ProcessIn Florida construction defect cases, does the statutory process embodied by Chapter 558 of the Florida Statutes, which is a condition precedent to commencing litigation, constitute a “suit” that must be recognized and adjusted by a contractor's liability insurer? That was the question that a federal appellate court put to the Florida Supreme Court.
By Commentary by B. Michael Clark, Jr.
6 minute read
January 25, 2017 | FC&S Insurance
Court Upholds Concurrent Cause Doctrine in Win for Property PolicyholdersThe Florida Supreme Court of Florida decision in Sebo v. American Home Assurance rejecting the “efficient proximate cause doctrine” in favor…
By B. Michael Clark Jr.
4 minute read
January 11, 2017 | Daily Business Review
Court Upholds Concurrent Cause Doctrine in Win for Property PolicyholdersA Florida Supreme Court decision on the trigger for property insurance coverage may lead to new policy language, writes attorney B. Michael Clark Jr.
By Commentary by B. Michael Clark Jr.
6 minute read
June 13, 2016 | Daily Business Review
Ruling Creates Opening for Property Owners to Escape from LiensLienholders should watch for attempts by owners to shorten the foreclosure window to avoid jeopardizing their pursuit of payment, writes attorney B. Michael Clark Jr.
By Commentary by B. Michael Clark Jr.
4 minute read
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