The Soto Law Group, P.A.

Florida State Courts Reaffirms Frye Standard for Admissibility of Expert Testimony In a decision by the Florida Supreme Court in reversing the Fourth District Court of Appeals’ decision in DeLisle v. Crane Co., the Frye standard for admissibility of expert testimony has been reaffirmed in Florida state courts.   The Court stated, “Frye relied on the scientific community to determine reliability whereas Daubert relied on the scientific savvy of trial judges to determine the significance of the methodology used…”   DeLisle v. Crane Co. , 2018 Fla. LEXIS 1883, *1 .   Historically, the Frye standard was followed in Florida state courts until 2013, when the Daubert standard was implemented and amended into the Florida Rules of Evidence Code.   Daubert v. Merrell Dow Pharmaceuticals, Inc ., 509 U.S. 579 (1993).   The Daubert standard provided for judges’ discretion to determine the reliability of expert testimony through detailed analysis of facts, data, p

CONTRACTORS SHIFT THE RISK AND BURDEN OF ESCALATING MATERIAL COST TO OWNERS The cost of work involving installation of materials made from concrete, steel, drywall, flooring, etc., fluctuates. Material costs can creep up slowly or increase rapidly. Rapid escalation of construction materials can make it difficult for contractors to provide accurate and competitive lump sum/fixed priced bids. Contractors sometimes have a built-in cushion within its bids for potential increases in material costs. However, predicting the fluctuation of material costs isn’t easy and your bid may not be competitive with other bidders. Obviously, the contractor’s profits decrease if the cost of the materials go up between the time the lump sum contract is signed and the time the work commences [which can sometimes be many months later]. Unless you SHIFT THE RISK AND BURDEN OF MATERIAL ESCALATION COSTS TO THE OWNER Your contract agreements must have a provision shifting the risk and burden

  ASSIGNMENT OF BENEFITS             Assignment of Benefits is a commonly used tool by water, fire/smoke restoration and resolution contractors.   Assignments of Benefits is typically a written contract proposal form for the restoration contractor and has become the standard method for guaranteeing payment by the homeowner’s insurance carrier.             A ssignment of post-loss benefits have been recognized in Florida since 1917, as set forth in the Florida Supreme Court’s decision in  West Florida Grocery Co. v. Teutonia Fire Ins. Co. , 77 So. 209 (Fla. 1917).                   Florida’s Second District Court of Appeal recently upheld the ability of a policyholder insured to make multiple assignments under a homeowner’s insurance policy.   Nicon Construction v. Homeowners Choice Property and Casualty Insurance Company cite involved a policyholder’s issuing assignments of benefits to separate restoration and reconstruction vendors.  The insurer argued that upon the policy

THINK YOU’RE COVERED? UNDERSTANDING THE DIFFERING COVERAGES AND EXCLUSIONS OF YOUR GCL POLICY, EXCESS POLICY AND UMBRELLA POLICY A PRIMER After almost two decades in the construction industry I have found that most of my contractor and subcontractor clients do not understand the coverage provided by their Commercial General Liability Polices, Excess Policies and/or Umbrella Policies. In most instances, it is more important to understand what types of claims are excluded from coverage under these insurance products to better understand the limited coverage that is provided by each. In evaluating policies and coverage, the starting point is your Commercial General Liability Policy. I.          COMMERCIAL GENERAL LIABILITY POLICY [CGL] The typical post-1986 CGL policy is comprised of standardized forms and thus is primarily uniform from policy to policy.   These polices have identical built-in exclusions to coverage. However, the policies can and