Spoliation of evidence can make or break any case, regardless of how strong liability and damages may be. As a firm with an entire division dedicated to litigating subrogation matters, we have been on both ends of spoliation motions. This shall serve as a synopsis of how Florida handles spoliation in various scenarios.
New York is famous for not having a Statute of Repose of any sort. For the purposes of this discussion, a Statute of Repose bars a claim against design professionals and contractors after passage of a certain amount of time from project completion. This is different than a Statute of Limitations, which sets a deadline […]
Consequential damages waiver clauses are found in almost all standard construction industry contracts. Not surprisingly, parties want to avoid the economic impacts of unforeseen consequences. Yet all too often, we find ourselves litigating over the enforceability of consequential damages waivers because the confusion about these clauses is so widespread. Why are these boilerplate standard waivers […]