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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April 2013 Archives

The UCC Is Important for Contractors

Although in our litigation experience it is not typical for someone to assert that a contractor's contract to "furnish and install" is subject to the Uniform Commercial Code ("UCC") governing sales of goods, we have seen lawyers do it. Significant consequences can flow from the legal conclusion that a contract is governed by the UCC rather than by common law contract rules. For example, the standard for whether a contract has been breached is different under the UCC than it is under the common law, and the UCC implies into contracts (reads into contracts) warranties that the common law does not (and vice versa). So, a party vying for an advantage (to the disadvantage of the other party) in a breach of contract action might assert that the contract is subject to the UCC.  Read More . . .

If You Buy Or Sell Materials, Then The UCC Is For You

Disputes involving the purchase and sale of materials and equipment will usually be governed by the terms of the purchase and sale agreement and the law applicable to the sale of goods. In this article, aspects of the important "express warranty" are reviewed.  Read More . . .

The Clear Terms of The Policy Control. Or Do They?

It is often repeated that the clear and unambiguous terms of an insurance policy govern, but that if any ambiguities exist, they are resolved in the favor of the insured. It is equally axiomatic that statutes are to be given their clear meaning. Based on those well established principles of law, the issues decided in the recent case of Citizens Property Ins. Corp. v. River Manor Condominium Assn, Inc., would seem to be predictable. Guess again.  Maybe Not.  Read On . . .

Do You Really Know All of The Terms Incorporated Into Your Contract?

A common practice in the construction industry is to incorporate by reference other documents into the contract between two parties. For example, subcontracts frequently incorporate the "Contract Documents" (which term is usually defined) and have a statement to the effect that the subcontractor has either reviewed the Contract Documents or had an opportunity to do so. Florida law recognizes the rights of contracting parties to agree to the terms and conditions in documents that are only referred to in the contract.  Read On . . .

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