Monthly Archives: March 2012
by: Christopher M. Cobb, Esq.
The 2010 edition of the Florida Building Code took effect March 15, 2012. Generally, the most significant changes were to wind load design and construction. Recent studies have confirmed what everyone in the state suspected: South Florida gets more hurricanes. Specifically, the most changes were those dealing with wind design in accordance with the new American Society of civil engineers (ASCE) pamphlet 7. The new standard creates a new wind map for the state and generally reduces design pressure across the entire state from 0 to 31 percent, depending on location. On the surface, it appears there is a substantial increase in wind speeds (ultimate wind speed); yet, the method of calculation has changed and the design pressure shows a decrease in most cases. Read Full Post
By Kelly A. Karstaedt, Esq.
A recent conversation with another civil litigation attorney about a hearing on attorney’s fees prompted me to remember the good old days of law school when I first learned about pleadings. I realized that, had I not had newly sworn in criminal Judge Tyrie Boyer as a professor of Florida Rules of Civil Procedure, I might have become one of the misinformed masses. I never realized just how many attorneys do not know the difference between a pleading, a motion and any other court filing. I am here to dispel any myths about what is and is not a pleading and hopefully provide some much needed information to those attorneys who might still think any document filed with the court is a pleading. Read Full Post
By Austin Calhoun, J.D. 2013
In a construction delay claim, the contractor has the burden to prove that the offending party’s actions affected activities on the critical path of the contractor’s performance of the contract. George Sollitt Const. Co. v. U.S., 64 Fed.Cl. 229 (Fed.Cl. 2005). To meet this burden, a contractor must initially establish the as-planned critical path. Moreover, the critical path needs to be diligently updated to adapt to the evolution of the construction project as it is actually built. Critical Path Method (CPM) schedules are the most often used and preferred way to create and document the critical path. See Id.