Malka & Kravitz, P.A. - Your Construction Law Firm
South Florida Construction Attorneys
Phone: 954-828-2807 | Toll Free: 888-341-9053
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March 2013 Archives

Death of the Economic Loss Rule - Or Just A Case of Legal Semantics?

The economic loss rule has been a long evolving judicial doctrine that served as a basis to prohibit people from suing for damages that result from nonperformance of the contract under a tort theory when the parties had a contract. Simply put, you cannot sue in tort (i.e. for negligence) for breaches of a contract. Contractual remedies apply to breach of a contractual duty, and one is prohibited from seeking damages in tort for breach of contract losses.  Read On . . .

Florida Construction Lien Law Timing. What You Need To Know!

The Florida Construction Lien Law has been called many things, but not simple. There are key time periods, the failure to comply with which, can result in loss of lien rights or other serious consequences. The following is a description of the key time periods in what may be a typical chronological fashion from start of the job until what is all too often the final phase of construction, the lawsuit.  Read On ...

I Signed What? Take Care To Understand The Releases You Sign!

You have all been there. You are due monies on a project, cash flow is tight, and finally a check is ready. You are handed a release to sign, and do so without much concern. It is not until later that you learn the effect of that release. Although you have executed hundreds or thousands of releases under the same circumstances without a hitch, do not assume that this release will bring the same result. As we have written here before, release language can prove tricky to analyze.  Read More . . .

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