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Contesting Construction Lien Claims – Contractor’s Beware of the Notice of Contest of Lien During Litigation

June 13, 2024 Construction Industry Legal Blog

In Florida, persons and entities that perform work on a construction project may be entitled to record a construction lien. Chapter 713 of the Florida Statutes governs the recordation and perfection of construction liens and contains many traps for the unwary. Moreover, Florida courts have consistently ruled that Florida Construction […]

A Contractor’s Perspective on the Initial Decision Maker in Construction Contracts

April 22, 2024 Construction Industry Legal Blog

In the ever-evolving realm of construction contracts, navigating the contractual dispute resolution procedures can pose significant challenges for contractors. Since the 2007 revision to AIA contract forms, the so-called Initial Decision Maker (IDM) process has become more common and is presenting new challenges for contractors. Thus, a basic understanding of […]

4 Tips for Drafting a Fair and Balanced Subcontractor Agreement

March 14, 2024 Construction Industry Legal Blog

Having a well-drafted subcontractor agreement is crucial for identifying the responsibilities, rights, and expectations of the contractor and a subcontractor when working together to complete a project. Here are four essential tips to consider when drafting your subcontractor agreement: Tip #1: Payment Rights The subcontractor agreement should clearly outline the […]

Contractors Beware: The Importance of Due Diligence in Construction Contracting—A Lien Rights Horror Story

February 8, 2024 Construction Industry Legal Blog

In the world of construction, contracts form the foundation for successful projects, and most contractors understand the importance of negotiating their contract terms. However, many contractors underestimate the importance of due diligence when entering into an agreement.  By “due diligence,” I mean looking outside the language of your contract to […]

Construction Shop Drawing Review and Approval – Who Owns the Risk?

January 25, 2024 Construction Industry Legal Blog

Shop drawings play a vital role in construction projects. Comprehensive construction contracts may define shop drawings to include diagrams, illustrations, schedules, and other data or information that are prepared or assembled by or for the contractor to illustrate some portion of a parties’ scope of work. Construction contracts may also […]

Florida Construction Contracts: Six Key Risk Shifting Provisions

October 30, 2023 Construction Industry Legal Blog

Whether you are a Florida general contractor, subcontractor, vendor or supplier, there’s likely going to be a contract that articulates the parties’ respective rights and obligations. A well-drafted construction contract should include essential terms like payment, scope of work, and risk shifting provisions. This blog focuses on six key risk […]

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