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THE THREE REQUIREMENTS OF ESTABLISHING BUSINESS RECORDS
By: Richard E. Guttentag, Esq. and David B. Stearns, Esq., Stearns, Roberts & Guttentag, LLC No matter how large or small, most businesses create “business records”. Under the rules of evidence, the term “business records” has a specific meaning and purpose. If you meet the 3 requirements ofFlorida Statutes, §90.803(6), then business documents that would […]
How Much Time Do I Have to Sue? Understanding Statutes of Limitations By: Michael E. Stearns, Esq. Most people have some familiarity with the concept of a “statute of limitations”. Statues of limitations set for the time within which a party that believes they have been wronged must bring a lawsuit or lose its claim […]
By Douglas J. Roberts, Esq., Stearns, Roberts & Guttentag, LLC As a general rule, one who hires an independent contractor is not liable for injuries sustained by that contractor’s employees in performing their work. An exception exists if the owner has been actively participating in the construction to such an extent that the owner directly […]
CGL COVERAGE – MULTIPLE “OCCURRENCES” PROVIDE COVERAGE FOR MULTIPLE “LIMITS”
By: Stearns, Roberts & Guttentag, LLC Typically, CGL policies provide a “limit” for each occurrence. Therefore, the question arises as to whether a single “occurrence” or multiple “occurrences” exist for damages arising under a breach of contract. In Mid-Continent Cas. Co. v. Basdeo, 2012 WL 2094376 (11th Cir. June 12, 2012), the Eleventh Circuit held […]
NON-CONTRACTING SPOUSE’S INTEREST IN REAL PROPERTY IS SUBJECT TO LIENS
By: Richard E. Guttentag, Esq., Stearns, Roberts & Guttentag, LLC Pursuant to Florida’s Construction Lien Law, when a contract for improving real property is made with a husband or wife (but not both) who is not separated and living apart from his or her spouse, and the property is owned by the other or by […]
By: Richard E. Guttentag, Esq., Stearns, Roberts & Guttentag, LLC Florida Statute, Section 713.24 governs the transfer of construction liens to security. Pursuant to this statute, any person with an interest in the real property upon which a lien is imposed can transfer the lien to other security by either depositing in the clerk’s office […]
By: Richard E. Guttentag, Esq., Stearns, Roberts & Guttentag, LLC Where an employer denies a claim for worker’s compensation benefits on the basis that there was no employment relationship, the employer may be prevented from asserting in a later civil action that the worker’s exclusive remedy was worker’s compensation. In Mena v. J.I.L. Construction Group […]
INSURER FOUND TO HAVE NO DUTY TO DEFEND OR INDEMNIFY CONTRACTOR IN CHINESE DRYWALL LITIGATION
By: Richard E. Guttentag, Esq., Stearns, Roberts & Guttentag, L.L.C. An insurer’s duty to defend its insured depends solely on the facts and legal theories alleged in the claims brought against the insured in a lawsuit, bringing the lawsuit within the policy coverage. In First Specialty Insurance Corp. v. Milton Construction Company, 2012 WL 2912713 […]
By: Richard E. Guttentag, Esq., Stearns, Roberts & Guttentag, L.L.C. In JB Recycling Group, Inc. v. Landmark American Insurance Company, 2012 WL 3516490 (S.D.Fla. 2012), a recycling company (“Company”) was performing mulching work on its own real property in Florida when its mulching excavator caught fire and released fuels and other fluids onto the Company’s […]
SURFACE WATERS: THE CRITICAL ISSUE OF COVERAGE UNDER A STANDARD NATIONAL FLOOD INSURANCE POLICY
By: Stearns, Roberts & Guttentag, L.L.C. The National Flood Insurance Act of 1968 authorized the Administrator of the Federal Emergency Management Agency (“FEMA”) to create a national flood insurance program. The Act authorized private insurers to offer a standard flood insurance policy (“SFIP”). Although these policies are written by private firms, the federal government acts […]