Monthly Archives: August 2016

17 Aug, 2016

Boyd & Jenerette Partner, Kansas R. Gooden Featured In Attorney at Law Magazine As A Rising Star

Kansas R. Gooden was featured in this edition of Attorney At Law Magazine® as a Rising Star. Ms. Gooden is a Board Certified Appellate Attorney and the firm’s Appellate Practice Group Leader. She has extensive experience handling all types of civil appellate proceedings, including extraordinary writs and plenary appeals, in state and federal courts. She also assists trial counsel in preservation of the record for appeal. To view the full article, click on the following link: Attorney At Law Magazine® Kansas R. Gooden Board Certified Appellate Attorney Appellate Practice Group […]

15 Aug, 2016

Randy R. Dow Provided “Arbitration Clauses in Construction Contracts” CLE Presentation to the Construction Law Committee of The Florida Bar

Boyd & Jenerette partner, Randy Dow, recently provided a CLE presentation titled “Arbitration Clauses in Construction Contracts” to the Construction Law Committee of The Florida Bar.  Randy’s presentation discussed Florida’s revised Arbitration Code, which was enacted in 2013, but became fully effective as of July 1, 2016.  In addition, Randy’s presentation provided a practical guide for construction practitioners whose clients are trying to determine whether they want to include arbitration clauses in their contracts. For those clients who opt for arbitration, Randy outlined how those clients can maximize the benefits […]

9 Aug, 2016

Construction Update – “Effective Duration” of a Statutory Bond Must Correspond to the Full Term of a Public Works Contract

In 2012, the Florida Legislature amended Section 255.05(e), Florida Statutes, to prohibit any provision of a statutory bond that “limits or expands the effective duration of the statutory bond.” This statute was recently interpreted by the Middle District of Florida in Maschmeyer Concrete Co. v. American Southern Ins. Co., Case No. 6:15-cv-912-Orl-37KRS (M.D. Fla. July 12, 2016). After the General Contractor, Conpilog International Co. (the “GC”), refused to pay for materials, Maschmeyer Concrete Co. (the “Concrete Supplier”) filed suit against the GC’s surety, American Southern Insurance Co. (the “Surety”), attempting […]

9 Aug, 2016

Construction Update – Does a Chapter 558 Notice Constitute a “Suit” within the Meaning of a CGL Policy?

In Florida, parties are required to issue a notice and opportunity to cure construction defects prior to filing suit. See Chapter 558, Florida Statutes. In the last several years there have been conflicting decisions at the trial court level as to whether a Chapter 558 notice constitutes a “suit” so as to trigger coverage under a CGL policy. In Altman Contractors, Inc. (“Altman”) v. Crum & Forster Specialty Ins. Co. (“Crum”), No. 15-12816 (11th Cir. August 2, 2016), this issue has arisen again. Altman was the General Contractor on a […]

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