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Supreme Court accepts review of Lakeview Reserve v. Maronda Homes
In the recent case of Lakeview Reserve Homeowners v. Maronda Homes, 48 So. 3d 902 (Fla. 5th DCA 2010), Florida’s 5th District Court of Appeal found that a homeowner’s association had a claim for breach...
View ArticleTHE LAW IS THE LAW, AND SOMETIMES IT ISN’T “FAIR”
People sometimes assume the law is a certain way because they believe it would be “unfair” for it to be any other way. Well, the law is not always “fair.” To make sure you do not make an incorrect...
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Common Law Implied Warranties and Strict Liability
As the new year begins, and the legislative session draws near, the issue of common law implied warranties and the recent opinion in Lakeview Reserve Homeowners v. Maronda Homes, Inc., 48 So. 3d 902...
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Common Law Implied Warranties and SB 1196
With the legislative session in full swing it appears that SB 1196 and its companion HB 1013, are being pushed to wipe out common law implied warranties relating to residential construction. These...
View ArticleLearning From Others’ Lessons, That They Learned The Hard Way.
No one likes admitting that they have a problem. That holds true even with regard to construction-related problems. However, as Mr. and Mrs. Hochberg found out the hard way, if an owner is able to see...
View ArticleThe Good Faith Exception to Fraudulent Liens
Florida’s lien law specifically prohibits a lienor from improperly increasing the amount of its lien beyond the amount owed or including amounts for work not performed. See Section 713.31, Florida...
View ArticleBeing Indemnified for Your Own Wrongdoing
Generally, the parties to a contract may agree to any terms they want. Once the contract is formed, the parties will generally be bound by those terms. Some provisions, however, must satisfy certain...
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Supreme Court decides Maronda Homes v. Lakeview Reserve
The Supreme Court issued its opinion in the Maronda Homes, Inc. of Florida v. Lakeview Reserve Homeowners Association, Inc., case earlier today. I previously blogged about the case and its...
View ArticleNew Case: Cypress Fairway v. Bergeron Construction (Statute of Repose)
Interesting opinion issued last week by the Florida’s Fifth District Court of Appeal on the statute of repose. The opinion can be found here. It is not yet final. The Cypress Fairway Condominium was...
View ArticleCitizens Property Insurance Not Liable for First Party Bad Faith Claims
Thursday, the Florida Supreme Court issued its opinion in Citizens Property Insurance Corp., v. Perdido Sun Condominium Association, Inc., considering the issue as to whether Citizens Property...
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