Author Archives: C. Ryan Maloney, Esq.
Overview of Florida’s New Uniform Commercial Real Estate Receivership Act
On July 1, 2020, the Uniform Commercial Real Estate Receivership Act (“Act”) became law in Florida as part of the newly created Chapter 714 of the Florida Statutes. The Act codifies existing common law in Florida regarding the right to … Read Full Post
Understanding Easements, Rights-of-Way and Their Affects on Property Value
The value of property can be highly dependent on the rights—like easements and rights-of-way—that come along with it. For example, your property value will be affected by the extent of your ability to build on the property, or if a … Read Full Post
Five Key Tips for Construction Delay Claim Success
Delays are sometimes unavoidable on construction projects. When delays occur, they can often result in increased costs to contractors and subcontractors, and may bring exposure to owner claims for liquidated damages for delay. Certain types of delays, such as those … Read Full Post
Treatment of Commercial Leases in Bankruptcy
The novel coronavirus pandemic and related government “stay at home” and “shelter in place” orders are causing serious negative financial impacts to business of all types. Many of the hardest hit industries, such as restaurants and retailers, are industries in … Read Full Post
Five Key Changes in the 2017 AIA A201 General Conditions for Construction Contracts
The standard form contract documents developed and published by the American Institute of Architects (“AIA”) are a fundamental part of the construction industry landscape that have been widely used for more than a century. Importantly, in 2017, the AIA Documents … Read Full Post
Construction Project Notice and Documentation: The Sword and the Shield
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 … Read Full Post
Do Construction Contract Contingent Payment Clauses Mean What They Say? A guide for contractors and subcontractors.
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, … Read Full Post
Contracting for Faster and Less Expensive Dispute Resolution
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 … Read Full Post
The Big Picture on Bid Protests
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 … Read Full Post
Five Key Construction Contract Provisions For Contractors And Subcontractors
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 … Read Full Post