Construction Industry Legal Blog

The Notice of Commencement is the most useful document for a contractor or subcontractor to obtain necessary information to perfect lien rights. The Notice of Commencement is referred to as the “source document”. A contractor or subcontractor who records a construction lien has the right to rely upon the information contained in the Notice of Commencement when attempting to perfect their construction liens. If the information in the Notice of Commencement is wrong, it will not invalidate the lien. The Notice must contain the following information:

Construction litigation is expensive.  In many cases, attorneys’ fees comprise a large portion of the cost; however, they are not the only significant cost.  Increasingly, expert witnesses are needed to address very technical design and construction means and methods issues.  Many cases will require multiple experts.  Expert witness fees increase […]

The profession of interior design has been a consequence of the continued development of interior space and complex architecture.  Typically, the interior designer is tangential to the overall design team of a construction project.  The pursuit of effective use of space is of primary importance and functional design has contributed […]

Termination for Convenience clauses were first introduced during the American Civil War and were used in government contracts.  Such provisions in contracts with the Federal government allowed the government to terminate contracts related to military procurements that were no longer necessary as a result of changing technology or the cessation […]

Part II:  Contractor Defenses to Negligence Claims          Part I of this posting discussed various considerations with proving contractor negligence in Florida.  Part II of this posting will discuss defenses and hurdles in proving such negligence.  Just as the Plaintiff has the burden of proof on its negligence claim, the […]

It is well known that Offers of Judgment and Florida Courts’ interpretations of the Statute and Rule governing them are continually changing. Certainly Florida Rule of Civil Procedure 1.442 and Florida Statute § 768.79 provide the requirements for the form, language, method and timing of service of an Offer of […]

Part I:  Elements and Duty Construction defects are a problem in Florida.  In an environment that is hot, humid, and stormy, defective construction is magnified often causing damaging water leaks, harmful mold intrusion and amongst other things, a serious disruption to our everyday lives.  Typical sources of water intrusion are […]

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.

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:

When purchasing a home or renovating an existing inhabitance, property owners should be aware of certain basic issues that can cause legal problems under Florida law. This post is designed to address some issues that may arise in the process and provide basic guidance on what consumers need to be aware of.