Construction Industry Legal Blog

For those that missed the earlier parts of this Blog series, as of this post, the series has discussed: what is necessary to prove a delay occurred, combating the most common defenses, varying methods to calculate delay damages—Total Cost Method, Modified Total Cost Method and the Eichleay Formula for calculating overhead damages. Often, because of the delay, the work is performed in a higher wage period than initially planned; similarly, the cost of continuing to rent and possess idle equipment negatively affects the contractor. Part six of this series will discuss the potential recovery related to labor, material and equipment escalation costs directly associated with the delay.

In Florida, construction liens provide a valuable remedy to contractors. In order to be entitled to a construction lien, a contractor must strictly comply with the conditions precedent set forth in Sections 713.001 – 713.37, Florida Statutes. One such condition precedent is the commencement of an action to enforce the lien in a court of competent jurisdiction before the lien expires. See Section 713.22. This blog examines a particular nuance of this requirement – enforcing the lien when the contract contains an arbitration provision.

You have proven that a delay occurred, effectively addressed the common and most applicable defenses and sifted through a few available methods to calculate damages. While these other methods, the Total Cost Method and the Modified Total Cost Method, pertain mostly to the actual work done, they do not assist in recovering jobsite or general and administrative overhead. Luckily enough, the courts have been kind enough to create a formula to allow for calculating the monetary amount for home-office overhead that corresponds to the unplanned increase in resources as a result of a delay. This post will discuss what is known as the Eichleay Formula, which is used to approximate the amount of unabsorbed overhead that is a result of a particular delay.

Roofing systems are an integral part of any new construction. There are a number of things to consider when selecting a new roof system. Of course, cost and durability head the list, but aesthetics and architectural style are important, too. The right roof system for your home or building is one that balances these considerations. This is a three part blog that will discuss basic residential roofing considerations in Florida. Part I will discussed the basic components and types of roofs. This Part II will discuss the ventilation and “Enemies” of your roofing system. Part III will discuss considerations in selecting a roofing contractor.

Once a creditor obtains a judgment against a debtor, attempting to garnish the funds, accounts and assets of that debtor held by a third party is an extremely efficient and often successful means for collecting on that judgment. Chapter 77, Florida Statutes, governs garnishment actions within the State of Florida and provides for two main types of garnishment, which have been discussed in previous Blog posts. These include a Writ of Garnishment issued to a bank or financial institution and a Continuing Writ of Garnishment issued to a debtor’s employer. Although a judgment creditor can utilize both forms of garnishment in attempting to collect on the judgment, under Section 222.11, Florida Statutes, a debtor has the right to make claimed exemptions to garnishment actions when the debtor is head of household. However, such claimed exemptions may not preclude a creditor’s attempt at garnishment in certain situations. This Blog post discusses when claimed exemptions for head of household may not apply to garnishment actions when the debtor is an independent contractor, the sole owner of a corporation or an owner of a single member LLC.

You have successfully proven that a delay occurred, effectively addressed the common and most applicable defenses and, subsequently, determined the Total Cost Method does not assist you in calculating the delay damages. Luckily, or unlucky depending on whether trying to collect or avoid paying damages, courts allow the use of a number of different methods to ascertain the measure of delay damages. Out of the usual objections with the Total Cost Method—the contractor receiving a windfall, lack of reliability and specificity and the low burden of proof—the Modified Total Cost Method was established. This Blog post will describe the “ins and outs” of the Modified Total Cost Method.

Roofing systems are an integral part of any new construction. There are a number of things to consider when selecting a new roof system. Of course, cost and durability head the list, but aesthetics and architectural style are important, too. The right roof materials and system for your home is one that balances these considerations. This is a three part blog that will discuss basic residential roofing considerations in Florida. Part I will discuss the basic components and types of roofs.

You have successfully proven that a delay occurred and effectively addressed the common and most applicable defenses. Now comes the part of the process for determining the amount of damages that resulted from the delay. Calculating the amount of damages is rarely a simple task. A common theme of this series so far is that there are numerous factors and methods used when dealing with delay damages. Calculating the amount of damages is no exception. This Blog post delves into two methods that are used when ascertaining the amount of damages is extremely difficult: a liquidated damages clause and the Total Cost Method.

Once a delay is successfully proven—discussed in part one of this multi-series—the next step is to deal with any possible defenses.  This process varies depending on which side you are on:  whether seeking damage for delays or attempting to refrain from paying delay damages.  This step must be completed prior […]

The affirmative defense of “First Cost” was formally recognized by a Florida court in the recent decision Sch. Bd. Of Broward County v. Pierce Goodwin Alexander & Linville, 2014 Fla. App. LEXIS 3916 (Fla. 4th DCA Mar. 19, 2014). The concept of first cost has been understood throughout the construction industry for quite a while, but had yet to be formally recognized by that name in Florida courts. See id. at *30. This blog examines the first cost defense and its application in the Pierce Goodwin Alexander & Linville case.