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Combating the Ever Increasing Costs of Experts in Litigation

June 18, 2012 Construction Industry Legal Blog

As the cost of litigation continues to rise, especially the costs associated with retained experts, it becomes more and more imperative to use all means available to limit the costs attributable to your clients whenever possible. If you have been involved in litigation for any length of time, either representing defendants or plaintiffs, it is likely you have had opposing counsel point to the ever increasing costs of the experts you will be required to retain throughout the litigation. It is more likely still that opposing counsel has threatened to require reports from each expert and depose the experts, continuing to increase the costs of litigation that you or your client will be forced to cover. Many times these tactics are used to force early settlement by clients or firms that are unable front the costs associated with retained experts in litigation. When you are confronted with these situations, you and your clients will be well served by Florida Rules of Civil Procedure 1.280 and 1.390.

Key Sources of Law in Federal Construction Contracting

May 7, 2012 Construction Industry Legal Blog

Occasionally in our firm’s representation of construction companies, materials suppliers, services contractors and sureties, we will find ourselves embroiled in a local, state, or federal contracting dispute. These disputes are nuanced and procedurally driven, requiring knowledge of administrative and contract laws that at times overlap. Whether it is in the bid process, bid protests, post-contract compliance and administration, pricing adjustments or government contracting disputes, we have the experience to represent clients in a myriad of government contracting issues. In doing so, we are required to have an operational knowledge of how the following (among many others) key sources of federal contract law apply to our construction clientele who bid on and obtain contracts for federal projects:

2010 Florida Building Code

March 21, 2012 Construction Industry Legal Blog

The 2010 edition of the Florida Building Code took effect March 15, 2012.  Generally, the most significant changes were to wind load design and construction. Recent studies have confirmed what everyone in the state suspected:  South Florida gets more hurricanes.  Specifically, the most changes were those dealing with wind design […]

Establishing a Construction Delay Claim: Documenting the Critical Path

March 2, 2012 Construction Industry Legal Blog

By Austin Calhoun, J.D. 2013

In a construction delay claim, the contractor has the burden to prove that the offending party’s actions affected activities on the critical path of the contractor’s performance of the contract. George Sollitt Const. Co. v. U.S., 64 Fed.Cl. 229 (Fed.Cl. 2005). To meet this burden, a contractor must initially establish the as-planned critical path. Moreover, the critical path needs to be diligently updated to adapt to the evolution of the construction project as it is actually built. Critical Path Method (CPM) schedules are the most often used and preferred way to create and document the critical path. See Id.

Top 5 Things You Should Know About Florida’s Construction Defect Statute

January 16, 2012 Construction Industry Legal Blog

Chapter 558 of the Florida Statues, otherwise known as “Florida’s Construction Defect Statute” requires an owner to send a written notice to contractors, subcontractors, developers, suppliers and design professionals which identifies any construction or design defects associated with a construction project. Florida’s Construction Defect Statute is a complex web of […]

Liening on Your Contract

January 12, 2012 Construction Industry Legal Blog

Construction liens under Chapter 713, Florida Statutes are complex and require careful attention. A construction lien will can be imposed on real property for nonpayment of labor and/or materials provided in the improvement of that real property. Florida Statute § 713.01 defines a “contract” as an agreement for real property […]

Pleading Requirements for Establishing an Equitable Lien Claim

December 12, 2011 Construction Industry Legal Blog

In today’s market, there is a much greater risk of investing labor and materials into a construction project as the probability of actually getting paid for your services is markedly reduced. In many cases, a lack of funding leads to abandonment of the project leaving vendors fighting to recover funds owed from whatever money is still left. In this situation, the only legal emedy may be an equitable lien against the real property.

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