Thomas P. Wert
Roetzel & Andress
Articles
Dismissal with Prejudice Too Severe a Sanction for Failure to File Mediation Certification of Authority
USA - September 27 2016 In my mediation experience, the requirements of Rule 1.720 (e), Florida Rules of Civil Procedure, are sometimes ignored by parties. Rule 1.720 (e)…
With Business Contracts, Lost Profits (Not Lost Revenues) Are the Proper Measure of Damages
USA - August 4 2016 In late June, the District Court of Appeal of Florida, Fourth District, reiterated that in a breach of contract case, lost revenue alone is typically…
"60 Days" Means 60 Days - Appellate Court Reiterates Construction Lien Law Will Be Strictly Construed
USA - April 28 2016 Lienors beware - when the Florida lien law says "60 days," the Florida lien law means 60 days. On April 8th, a Florida Court of Appeal confirmed once…
Court Reaffirms Damages Analysis in Construction Defect Cases
USA - February 22 2016 On February 5, 2015, the Court of Appeals, Second District, reaffirmed the means by which courts determine damages for construction defect claims…
Statute requiring lenders to notify contractors of decisions to cease funding on construction loans precludes claims for equitable lien and unjust enrichment
USA - June 26 2015 Two weeks ago, in a case of first impression, the First District Court of Appeal ruled that Section 713.3471, Florida Statutes, barred a contractor's…
