January 2013
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As part of our continuing effort to inform our clients of recent changes in the laws effecting your construction business, we offer you this complementary monthly newsletter of recent events, rulings and laws in the area of construction. We hope you find this helpful.


As always, if you have any questions or concerns related to your business needs, please do not hesitate to contact any of the Board Certified Construction Attorneys at Your Construction Law Firm.™







Whether to put forth effort to reduce or eliminate unnecessary risks may be evaluated on a cost-benefit basis. In the context of insurance, the costs of reducing or eliminating issues that might interfere with your right to coverage are sometimes very low, while benefit of doing so is quite high. For example, in a previous article of ours which can be found here, we discussed the importance of timely informing an insurer of a claim. While the law is fairly liberal in protecting insureds in that area, the cost of timely informing the insurer of a claim is low, yet the failure to do so can be costly. In this article, we discuss the rigmarole (cost) an insured went through over the timing of submitting a proof of loss to his insurer.


Read this article....


Making certain to properly prepare your Notice to Owner or Notice to Contractor can be the difference between getting paid, and learning an expensive lesson. All too often, contractors seek to save a little bit of money and have their preliminary notices done on the cheap. Either preparing those themselves, or utilizing unreliable services to do so. More than ever, we are seeing claims lost as a result of such frugalness.




Citizens Property Insurance Corporation ("Citizens") issued a policy of insurance ("the Policy") to the property owners, the Casars (Owners"). Owners filed a claim for water damage alleged to have been caused by a refrigerator line leak. Citizens inspected the alleged damage and concluded that some of the damaged items were caused by the leak and so were covered under the policy. Citizens, however, denied that other damaged property was caused by such leak, and rejected coverage of those items.




Do You Know Your Construction  Contract? - Part I

Time and time again we meet with clients who are involved in a dispute with another party because one side thought they had agreed to one thing and the other party thought they had agreed to something else. These types of disputes can often be avoided by having a well-drafted construction contract. We often find that when a construction contract is not prepared or reviewed by an experienced construction attorney, the contract may be unclear or totally silent on very important issues. Sometimes, a single omission (either a clause not read or misunderstood) can result in a major financial loss. This article is part of a series of articles which are designed to identify several key clauses that every party to a construction contract should carefully review and understand prior to entering into a contract.  Read This Article . . .
Your Construction Law Firm Continues Its Industry Outreach.

Your Construction Law Firm is proud to announce that Larry R. Leiby's 2012-2013 edition of the Florida Construction Law Manual is on book shelves now.  You can place your order directly from West here  Construction Law Manual


For more information, please contact Your Construction Law Firm.  


Larry R. Leiby of Your Construction Law Firm will be continuing the Firm's industry outreach at the following seminars / speaking engagements:


February 20, 2013 at noon - JAMS Miami office - Roundtable discussion with So. Fla. law firms about resolving construction disputes - current trends


February 28, 2013 - Ft. Lauderdale - Florida Bar Construction Law ADR program - Speaking on Dispute Review Boards


March 6 , 2013, Florida Bar Construction Law Certification Review Course, Orlando, FL   - Speaking on Legal Remedies


March 7, 2013, Florida Bar Construction Law Institute, Orlando, FL - Speaking on Advanced Lien Law Issues.


May 1, 2013, The Seminar Group, Miami, Florida - Speaking on Alternate Dispute Resolution of Construction Defect Cases


May 3, 2013, The Seminar Group, Orlando, Florida - Speaking on Alternate Dispute Resolution of Construction Defect Cases


Your Construction Law Firm Relaunches www.mkpalaw.com
Your Construction Law Firm is proud to announce the relaunch of our internet portal at www.mkpalaw.com. We have worked hard to update and include for your benefit relevant Florida Statutes, archived newsletters, forms, articles, and our Florida Construction Law Blog.  We hope you will find our new internet portal informative and helpful. 
Please take the time to go through our site, connect with us utilizing the socuial media links located on the site, and subscribe to our blog service.  It is all free of charge to you, and will help you stay informed on everything construction law.
If you have any suggestions that you believe would improve our site, please email Ian Kravitz at [email protected] to let us know.  We are here to serve you as Your Construction Law Firm.
Contact any of our Board Certified Attorneys and allow us to serve as

    Your Construction Law Firm.™ 

1300 Sawgrass Corporate Parkway, Suite 100
Fort Lauderdale, Florida 33323
Telephone 954-514-0984   Facsimile 954-514-0985
In This Issue
Low Hanging Fruit - Eliminate Low Cost Risks, Especially Where The Benefits Are Great
Bad Preliminary Notices Can Doom You From The Start
Is Appraisal Mandatory to Resolve a Policy Dispute?
Do You Know Your Construction Contract? Part I

Industry Recognitions
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Your Construction Law Firm™
At Malka & Kravitz, P.A., we are a Martindale Hubbell AV rated law firm dedictated to providing services tailoreed to the individual needs of our clients and their individual business workings.  All of our attorneys are Board Certified by The Florida Bar as experts in Construction Law.  This is the highest recognition of competence provided by the Florida bar.