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 […]
In a recent decision, the Florida Supreme Court officially adopted and codified the apex doctrine in the context of corporations for lawsuits in Florida, effective August 26, 2021. See In re: Amendment to Florida Rule of Civil Procedure 1.280, No. SC21-929 (Fla. 2021). This important decision offers a key additional […]
The recent tragedy of the Champlain Tower collapse in Surfside, Florida, has brought an even greater focus on building safety and maintenance by governments, building owners, and condominium and community associations throughout Florida. As efforts are made to inspect and ensure the safety of buildings across the state, building owners, […]
One of the most important aspects of construction project success for subcontractors can be the subcontract agreement. A one-sided subcontract in favor of the contractor can make problems experienced by the subcontractor on the project even worse, and leave the subcontractor with very few options. While subcontractors may not always […]
The impact of the COVID-19 pandemic has been difficult on Florida businesses, particularly those in the hospitality, travel and restaurant industries, forcing many of them to close their doors to the public at various times and to suffer financial hardship. As businesses are beginning to re-open, a growing concern has […]
When a building owners hires a contractor to construct a building or other construction project, the contractor is often significantly more experienced when it comes to the ins and outs of the construction contract as well as the overall construction process. Oftentimes, a building owner may simply accept the contract […]