A differing site condition in the construction industry refers to a situation on a construction project where there is an unexpected or unknown physical condition at the construction site that differs materially from either the conditions as indicated in the contract documents, or from the conditions reasonably discoverable prior to […]
Trusts are a common estate planning vehicle, in which property is held in a trust and administered by the trustee for the benefit of the beneficiaries of the trust. See Miller v. Kresser, 34 So. 3d 172 (Fla. 4th DCA 2010). The Florida Trust Code defines a trust beneficiary as […]
What happens when, due to a negligent error by the insurance broker, a business suffers property damage that is either not covered, or not fully covered, by what the insured thought was an insurance policy they purchased through the broker to cover the risk? Can the insured look to its […]
Material suppliers in the construction industry will often need to extend credit to their contractor and subcontractor customers due to the payment cycle on construction projects that can often run 30 days, 60 days or even longer. Due to this, suppliers of construction materials will often need to enter into […]
A recent opinion by a Florida appellate court, Construction Consulting, Inc. v. District Board of Trustees of Broward College [1], is a cautionary tale for contractors. It highlights that construction contractors need to be vigilant regarding the terms of their contract related to final payment and any conditions put on […]
Until recently, force majeure provisions may have been viewed as perhaps unimportant “lawyer language” buried in contracts with no real expectation that the clause would come into play. Of course, the last couple of years have caused a big change in that perspective as the construction industry has gone through […]
A trustee of a trust in Florida has numerous duties to which they must adhere to in the administration of the trust. A trustee’s failure to do so may constitute a breach of trust and give rise to legal claims by trust beneficiaries. The Florida Trust Code provides an overview […]
Consequential damages for breach of a construction contract are a significant risk that contractors need to understand and be aware of in connection with construction projects. This blog explains the difference between consequential damages and direct damages for breach of contract, and provides recommended ways for construction contractors to mitigate […]
A bankruptcy filing by a property owner can bring a construction project to a screeching halt, and create a serious risk of substantial losses for the contractor, as well as subcontractors and suppliers. This article will provide an overview of what happens when a property owner files for bankruptcy and […]
When a property owner experiences construction defects in their property, one of the important considerations as to whether or not to pursue a construction defect lawsuit is what types of damages may be available to remedy the defects. This is an important consideration, as without a complete understanding of all […]