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 such notice requirements, together with contemporaneous documentation during the project, […]
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, the owner has recently encountered financial difficulties. Because of this, […]
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 at stake. However, as many in the construction industry know, […]
Construction professionals who work on large commercial projects are probably familiar with the ins and outs of arbitration clauses that appear in many construction contracts. They may even be familiar with the Florida Statute, § 47.025, that prohibits contractual clauses that require any legal action, including arbitration, involving a Florida […]
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 company has the experience and qualifications to do the work, […]
Construction professionals performing work for tenants in a commercial properties face unique challenges. The construction professional doesn’t want to pass up a good job, but his or her lien rights are limited. As a result, construction professionals want to make sure that they understand how Florida’s already complicated lien law […]
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 a manner that still achieves a financially successful project, and […]
Under Florida law, when a party violates or “breaches” a contract, the amount of money the non-breaching party is entitled to recover depends on the types of damages allowed by law and/or the parties’ contract. As a result, it is common for contracts to exclude recovery of certain types of […]
In the past, when a homeowner needed certain roof repairs, that homeowner could not only look to a roofer to fix his or her roof, but potentially to an insurance company to pay that roofer for those repairs. This relationship was made possible through what is formally known as an […]
An all too common situation on construction projects involves subcontractor claims for additional costs caused by the owner. These can often involve differing site conditions claims, claims related to design errors or omissions by the owner’s design professionals, or owner-caused delays. In these instances, the subcontractor has no direct contractual […]