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 Project

The 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 Project

The 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 Process

In 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 Policyholders

The 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 Policyholders

A 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 Liens

Lienholders 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

More from ALM

Legal Speak is a weekly podcast that makes sense of what’s happening in the legal industry.