Fifty years ago, the world held its breath as it could hear and see mankind walk upon the surface of another world. Fast-forward to today and a lot has changed:
Misuse of the Declaratory Judgment Act: When Declaratory Judgment Actions are Brought in Conjunction with an Action for Breach of Contract
In situations where a plaintiff has asserted a cause of action against an insurance carrier for breach of the insurance contract and declaratory relief, the declaratory action is frequently based
In April of 2013, the Florida Legislature passed a bill to amend the statutory standard for admission of expert testimony at trial, adding Florida to a long list of states
Marsa’s “journey-to-attorney” definitively proves it is never too late to change your life. Before obtaining her Juris Doctorate, she worked for more than 20 years as a paralegal. Her love
Oftentimes, subcontractors raise the so-called Slavin Doctrine as an affirmative defense to third-party indemnity claims brought by general contractors in construction defect matters. Under the Slavin Doctrine, a contractor cannot be held liable for injuries sustained by third parties when the injuries occur after the contractor completed its work, the owner of the property accepted the contractor’s work, and the defects causing the injury were patent.1 Typically, subcontractors argue the Slavin Doctrine excuses a defective construction claim if the evidence concludes 1) a third party claims injury or damages after the work is complete, 2) the property owner accepted the contractor’s work, and 3) the defect causing the injury was apparent, or patent. For example, the Slavin Defense might be raised by a general contractor in response to a condominium association’s claim that the windows suffer from condensation and require repair or replacement, if it can be shown the developer accepted the windows and approved their installation, the contractor completed the work, and the condensation issue is apparent. However, oftentimes subcontractors, too, assert the defense against the general contractor that is seeking indemnity due to an owner’s claims of defective construction, arguing the elements of the defense are met and, therefore, the subcontractor is absolved of the claims brought by the general contractor.