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 […]
Under Florida law, a roofer must have a license to perform work in Florida. Roofers (or “roofing contractors”) are classified as Division II Contractors under section 489.105(3), Florida Statutes. Roofing contractors must hold one of two distinct types of licenses. A roofer may obtain a license as a “certified contractor,” […]
For many companies, the award of a single public contract can help cement long-lasting relationships that may result in years of continuing business. Therefore, it is important for companies of all sizes to know and understand the requirements and bidding process in Florida when bidding on a public procurement contract. […]
All Florida construction industry participants need to be aware of the significant new changes to the payment bond claim requirements on private projects under section 713.23, Florida Statutes, made by the 2019 Florida Legislature in House Bill 1247.[1] These changes become effective on October 1, 2019, and understanding the new […]
In 1923, the United States introduced the Frye standard to determine the admissibility of scientific evidence in a court of law. In Frye v. United States, the Circuit Court of Appeals for the District of Columbia ruled that for the results of a scientific test to be admissible, the test […]
A sweeping insurance reform bill was signed into law by the Governor on May 23, 2019. The law creates two entirely new sections in Chapter 627 of the Florida Statutes, which governs Insurance Contracts. The bill creates Section 627.7152, Florida Statutes, which regulates assignment agreements that are regularly known in […]
Over the past few years each legislative session in Florida seems to generate new laws that impose various requirements on local governments. Some are labeled “unfunded mandates” and others are described as an assault on “home rule”. But as bad as those things sound, the reality is that most state […]