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Basic Considerations for Residential Roofing in Florida Part 1 of 3

April 30, 2014 Construction Industry Legal Blog

Roofing systems are an integral part of any new construction. There are a number of things to consider when selecting a new roof system. Of course, cost and durability head the list, but aesthetics and architectural style are important, too. The right roof materials and system for your home is one that balances these considerations. This is a three part blog that will discuss basic residential roofing considerations in Florida. Part I will discuss the basic components and types of roofs.

Difficulty Calculating Delay Damages: Total Cost Method & Liquidated Damages

April 24, 2014 Construction Industry Legal Blog

You have successfully proven that a delay occurred and effectively addressed the common and most applicable defenses. Now comes the part of the process for determining the amount of damages that resulted from the delay. Calculating the amount of damages is rarely a simple task. A common theme of this series so far is that there are numerous factors and methods used when dealing with delay damages. Calculating the amount of damages is no exception. This Blog post delves into two methods that are used when ascertaining the amount of damages is extremely difficult: a liquidated damages clause and the Total Cost Method.

Delay Damages: Defenses

April 9, 2014 Construction Industry Legal Blog

Once a delay is successfully proven—discussed in part one of this multi-series—the next step is to deal with any possible defenses.  This process varies depending on which side you are on:  whether seeking damage for delays or attempting to refrain from paying delay damages.  This step must be completed prior […]

Great News for Construction Design Professionals: “First Cost” Defense Formally Recognized by Florida Courts

April 2, 2014 Construction Industry Legal Blog

The affirmative defense of “First Cost” was formally recognized by a Florida court in the recent decision Sch. Bd. Of Broward County v. Pierce Goodwin Alexander & Linville, 2014 Fla. App. LEXIS 3916 (Fla. 4th DCA Mar. 19, 2014). The concept of first cost has been understood throughout the construction industry for quite a while, but had yet to be formally recognized by that name in Florida courts. See id. at *30. This blog examines the first cost defense and its application in the Pierce Goodwin Alexander & Linville case.

Delay Damages: Proof of Delay

March 27, 2014 Construction Industry Legal Blog

Are you a contractor or subcontractor who has taken on a job, agreed to have it completed by a certain date, and failed to meet that deadline due to an unforeseeable delay? How about an owner that has been promised completion of a project by a specific date that was not met? If they have done much business, everyone involved in the construction industry that fits within these categories should have answered in the affirmative. Today, virtually every project has a tight budget and an aggressive schedule, and delays seem inevitable. Under Florida law, when unexpected events occur that delay a project, damages are often awarded to compensate for the impact of the delay. Damages are not recoverable, however, if the agreement indicates only an estimated time of completion or provides no liability for delays.[1] These damages include, but are not limited to, compensating for: increased material costs, increased labor costs due to increases in pay rates, increased labor costs due to loss of productivity, increased overhead, interest on unpaid funds, loss of bonding capacity, loss of profit on other work that could been undertaken but for the delayed job and costs of preparing the delay claim. Delay claims have proliferated in recent years, and are currently one of the largest categories of claims participants in the construction process routinely make. This Blog post will provide a general overview of establishing that a delay occurred, and is the first in a multi-part series explaining delay damages and their potential recovery.

Construction Contracts: Six Key Provisions

February 25, 2014 Construction Industry Legal Blog

When negotiating construction contracts for residential or commercial projects, there are several key provisions to include and that require careful consideration. While this list is not exhaustive, parties to construction contracts must consider the provisions for scope of work, order of precedence, notice of claims, indemnification, insurance and dispute resolution.

Liability for Personal Injuries Arising out of Construction Defects on Commercial Property in Florida

February 19, 2014 Construction Industry Legal Blog

Are you a commercial property owner or a contractor that builds commercial projects in Florida? Or maybe you are an architect or engineer that designs commercial projects in Florida? If so, have you ever wondered who is liable for personal injuries caused by defective construction on commercial property? Generally, the answer lies within the Slavin Doctrine and its application to the facts at hand.

Avoiding Problems on Your Next Construction Project

January 29, 2014 Construction Industry Legal Blog

If you are planning to hire a contractor in Florida to perform construction work, you must first do your homework. Many times, owners will hire a contractor without confirming the contractor is properly licensed and without knowing who is actually performing the work. Below are a few key issues to understand and consider before hiring anyone to perform construction work for you.

Enforceability of Contingent Payment Provisions in Construction Contracts

January 7, 2014 Construction Industry Legal Blog

Contingent payment provisions, often referred to as “pay if paid” or “pay when paid” provisions, are commonplace in subcontracts and lower tiered contracts. An often overlooked question that should be asked is, “Are they enforceable?” As is true with most questions in the law, the answer is, “It depends.” This Blog will focus on the enforceability of contingent payment provisions.

Terminating a Notice of Commencement in Florida: Owner and Lienor Beware

December 27, 2013 Construction Industry Legal Blog

The Florida Construction Lien Law is an intricate machine full of requirements and traps for the unwary. The notice of termination of notice of commencement (Notice of Termination) is no exception. For the construction project’s owner, the Notice of Termination is a sworn document from the owner. For the lienor, the Notice of Termination is a sign that something is happening on the project and, therefore, the lienor must act quickly to preserve the priority of its lien for amounts owed.

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