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A Contractor’s Perspective on the Initial Decision Maker in Construction Contracts

April 22, 2024 Construction Industry Legal Blog

In the ever-evolving realm of construction contracts, navigating the contractual dispute resolution procedures can pose significant challenges for contractors. Since the 2007 revision to AIA contract forms, the so-called Initial Decision Maker (IDM) process has become more common and is presenting new challenges for contractors. Thus, a basic understanding of […]

Contractors Beware: The Importance of Due Diligence in Construction Contracting—A Lien Rights Horror Story

February 8, 2024 Construction Industry Legal Blog

In the world of construction, contracts form the foundation for successful projects, and most contractors understand the importance of negotiating their contract terms. However, many contractors underestimate the importance of due diligence when entering into an agreement.  By “due diligence,” I mean looking outside the language of your contract to […]

Pool Contractor’s Ability to Work on Pool Electrical Wiring in Florida

August 24, 2017 Construction Industry Legal Blog

On March 29, 2017, the Florida Construction Industry Licensing Board (“CILB”), issued a Final Order, Department of Business and Professional Regulation, Construction Industry Licensing Board v. Michael E. Seamon, disciplining a Certified Pool/Spa Contractor (“CPC”) for replacing existing pool light fixtures. The Final Order adopted and was based upon an […]

Construction Defects: What Insurance Policy Applies

April 29, 2015 Community Association Industry Legal Blog, Construction Industry Legal Blog

In construction defect claims, various insurance policies are often implicated. These policies can span many years, so it is critical to determine what policy or policies may provide insurance coverage for the damages that ensue. The insurance policies at play, for general contractors, subcontractors and suppliers, are typically comprehensive general liability policies. Assuming these parties have such policies, the question then becomes what policies apply and do the policies cover the claims.

Florida Statute Chapter 558: Changes are Brewing

March 23, 2015 Construction Industry Legal Blog

By: James O. Birr, III

Florida Statute Chapter 558 was adopted to serve as an alternative method to resolve construction and design disputes in order to reduce the need for litigation, while protecting the rights of property owners. While the nuances of Florida Statute Chapter 558 are outside the focus of this post, there are some proposed changes making their way through the Florida legislature. See House Bill 87 and Senate Bill 418. These changes include specific information to be included in the notice of claim, frivolous claims, sanctions, and the exchange of documents.

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