Almost every construction contract or subcontract contains provisions regarding the manner in which notice must be provided to the other party under the contract regarding significant issues on the construction project, including delays, unforeseen conditions, or other claims. Compliance with such notice requirements, together with contemporaneous documentation during the project, […]
Assume you are a subcontractor working on a project to build a large multi-family apartment complex. You’ve timely and properly performed your work and have submitted monthly pay applications that have been accepted by the contractor and the owner. However, the owner has recently encountered financial difficulties. Because of this, […]
Disputes are a fact of life on construction projects. There are just too many variables, unknowns and unpredictable things that can occur during the course of a project that can lead to disagreements and disputes, particularly when significant dollars are at stake. However, as many in the construction industry know, […]
Construction professionals who work on large commercial projects are probably familiar with the ins and outs of arbitration clauses that appear in many construction contracts. They may even be familiar with the Florida Statute, § 47.025, that prohibits contractual clauses that require any legal action, including arbitration, involving a Florida […]
Bid Protests: Understanding of the Basic Framework Your company just found out that the major multi-million dollar government contract that you spent weeks preparing your best and most competitive bid for has been awarded to another company. You know your company has the experience and qualifications to do the work, […]
Construction professionals performing work for tenants in a commercial properties face unique challenges. The construction professional doesn’t want to pass up a good job, but his or her lien rights are limited. As a result, construction professionals want to make sure that they understand how Florida’s already complicated lien law […]
Waterfront property is something that has attracted millions of residents to Florida over the years. Whether it be a single-family home, a large homeowners association, a vibrant condo association or a busy commercial marina, the right to utilize the water that lies immediately adjacent to upland property is a long-standing […]
The importance of the terms of a construction contract in the event of a significant dispute on a construction project cannot be overstated. Simply put, the terms of the contract can be the difference between successfully navigating a dispute in a manner that still achieves a financially successful project, and […]
Under Florida law, when a party violates or “breaches” a contract, the amount of money the non-breaching party is entitled to recover depends on the types of damages allowed by law and/or the parties’ contract. As a result, it is common for contracts to exclude recovery of certain types of […]
During the 2019 legislative session, State Representative Jason Fischer introduced and sponsored House Bill No. 7103. The proposed bill contained language that amended various state statutes, all dealing with development in Florida. On June 28, 2019, Governor Ron DeSantis signed the bill into law. While the bill is not controversial, […]