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Chad Walker Appointed as Legislative Chair

Chad Walker has been appointed as the Legislative and Legal Chair for the Florida Region of the Design-Build Institute of America (“DBIA”). Chad will be responsible for coordinating DBIA’s legislative efforts in Florida and developing legal education programs to serve…

The Law and Your Business- Recovery of Attorney Fees and Costs

Homeowners generally maintain a homeowner’s insurance policy. As with all policies, you only get what you bargain for, and it is important to read and understand the coverage rights and exclusions in any policy. Florida courts have recognized a cause…

The Law and Your Business- Proposed Initiatives on the General Election Ballot

The Law and Your Business- Proposed Initiatives on the General Election Ballot On November 8, 2016, there will be several initiatives on the ballot, in addition to the other election races. As important as the changes in the law and…

How to Effectively Attack & Defend Expert Testimony: The Conclusion – Blog 9 of 9

Effectively defending or attacking an expert witness begins with a working knowledge of the requirements for admitting expert testimony under § 90.702, Florida Statutes. The trial court acts as gatekeeper by determining whether expert testimony is both relevant and sufficiently…

The Law and Your Business – Notice of Contest to a Transfer Bond

The statutory requirements of Florida’s Lien law, are strictly construed by Florida Courts. In April 2016, the Second District Court of Appeal, in Hiller v. Phoenix Association of South Florida, dismissed a claim against a transfer bond due to the…

How to Effectively Attack & Defend Expert Testimony: Effectively Discrediting the Expert at Trial – Blog 8 of 9

Effectively Presenting and Discrediting the Expert at Trial Effectively Presenting your Expert at Trial In most cases, pre-trial posturing, motion hearings, depositions and mediation eventually result in settlement of even the biggest construction cases before trial.  Nevertheless, the trial lawyer…

How to Effectively Attack & Defend Expert Testimony: The Expert’s Perspective under Florida’s Daubert Standard – Blog 7 of 9

Until relatively recently, many experts maintained the following perspective: I may not thoroughly understand this issue and may not have a lot of experience with it, but I have the expertise and knowledge to research the information and then speak…

The Law and Your Business- The Importance of the Notice Requirements in a Contract

The Notice, Defect Assessment and Right to Cure provisions contained in many construction contracts contain important language that is critical to understand and follow whether you are a prime contractor or a subcontractor. In Underwater Engineering Services v. Utility Board,…

After 20 years as a construction project manager, Atwood became an attorney

By Maggie FitzRoy, Contributing Writer for Financial News & Daily Record Gene Atwood was obviously cut out to be an attorney, but it took him two decades to realize that and embrace it. He first thought about a law career…

How to Effectively Attack & Defend Expert Testimony: Daubert Motions & Procedure – Blog 6 of 9

Without question, a successful Daubert motion can deal a devastating blow to an opposing party’s case. However, there are several considerations when determining whether to file a Daubert Motion.  Simply because an opposing expert may have weaknesses does not necessarily…

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