Tag Archives: Construction Law

2019 Amendments to Florida’s Riparian Rights Rules (otherwise known as Chapter 18-21, F.A.C.)

Waterfront property is something that has attracted millions of residents to Florida over the years.  Whether it be a single-family home, a large homeowners association, a vibrant condo association or a busy commercial marina, the right to utilize the water … Read Full Post

CATEGORY: Florida Commercial Real Estate And Land Use Law Blog Practice Areas: , , , , , ,

Five Key Construction Contract Provisions For Contractors And Subcontractors

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 … Read Full Post

CATEGORY: Florida Construction Industry Law Blog Practice Areas:

Construction Disputes: Beware of Contractual Damages Provisions

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 … Read Full Post

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House Bill No. 7103 – Affordable Housing, Development Review & Impact Fees, Oh My!

During the 2019 legislative session, State Representative Jason Fischer introduced and sponsored House Bill No. 7103.  The proposed bill contained language that amended various state statutes, all dealing with development in Florida.  On June 28, 2019, Governor Ron DeSantis signed … Read Full Post

CATEGORY: Florida Commercial Real Estate And Land Use Law Blog Practice Areas: , , , , , ,

Three Contract Provisions A Small Business Cannot Live Without-From A Litigator’s Perspective, Part 4: Contractual Provisions (Prejudgment and Postjudgment Interest)

Every small business contract should include a provision that states that the business is entitled to recover the maximum rate of interest permitted by law both prejudgment and postjudgment.  Many contracts provide for the recovery of interest, but very few … Read Full Post

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What Roofers Need to Know About the New Assignment of Benefits Legislation

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 … Read Full Post

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Three Contract Provisions A Small Business Cannot Live Without – From A Litigator’s Perspective: Attorneys’ Fees Provisions

Including an attorneys’ fees provision in a small business contract is vital when a small business wants to sue to enforce its contract.  Without an attorneys’ fees provision, a lawsuit may become cost prohibitive for a small business. Part 1 … Read Full Post

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Why An Exclusive Venue Provision (Forum Selection Clause) Is Vital For Small Business Contracts In Florida

An exclusive venue provision, or commonly referred to as a forum selection clause, is an integral part of every small business contract.  Including an exclusive venue provision in a small business contract is extremely important for a small business that … Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas: , ,

The Top Five Do’s And Don’ts Of A Subcontractor Pass Through Claim

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 … Read Full Post

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Three Vital Small Business Contract Provisions That You Cannot Live Without – From a Florida Litigator’s Perspective

A large part of my practice involves litigating contract disputes on behalf of small businesses.  I frequently receive inquiries from small businesses that are looking to enforce their contracts.  More times than not, the small business has a poorly drafted … Read Full Post

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