Court Finds Enforceable Settlement Agreement Between Subcontractor and Homeowner Despite Lack of Signature
This case arises from a dispute between a concrete subcontractor and a homeowner. After the parties negotiated a resolution by phone and email, the homeowners partially paid but failed to execute the settlement and release agreement. The subcontractor sued to enforce the unsigned agreement and to foreclose its construction lien.
Court Finds Third Party Servicing Company’s Purchase of Contractor’s Recieivables is an Unenforceable Assignment of Benefits Under 627.7152, Florida Statutes
This case arises from a third-party debt buyer’s attempt to enforce a mitigation contractor’s assignment of benefits against an insurance carrier. The court’s decision focuses on the enforceability of the contract between the third-party and the contractor, rather than the original assignment of benefits.
Court Reverses Construction Lien Foreclosure over Procedural Concerns and Factual Issues Regarding Substantial Completion
This cases arises from a dispute over defectively installed HVAC units. After the trial court entered judgment in favor of the HVAC contractor without notice, the property owners appealed. The appellate court reversed the judgment finding that procedural issues and issues regarding whether the work was substantially complete precluded judgment
11th Circuit Affirms OSHA Citations Against Roofing Subcontractor for Actions of Sub-Subcontractors
This case arises from a roofing subcontractors appeal of two OSHA citations issued to it as a “controlling employee” of two sub-subcontractors.
Court Reverses Dismissal of Water Mitigation Contractor’s Lawsuit for Failure to Comply with 627.7152(7), Florida Statutes
This cases arises from a dismissal of a water mitigation contractor’s lawsuit against an insurance carrier. The carrier argued that the mitigation contractor’s assignment of benefits did not comply with 627.7152, Florida Statutes, and while the trial court agreed with that argument, the ruling was reversed on appeal