Malka & Kravitz, P.A. - Your Construction Law Firm
South Florida Construction Attorneys
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May 2013 Archives

Is Your Business Protected Under Ever Changing Laws?

The law regularly changes, but often, business are not keeping up.  Long standing practices that have worked for years may seem difficult to change, but failing to do so can be costly.  Whether it is required language to be included within your contracts, or limitations of liability that need to be addressed through contract language or insurance, your business must change with the times, or face harsh penalties.  The case of Ramcharitar v. Derosins is an example that should get your attention.  Read on . . . .

Contractor Wins Judgment...Momentarily At Least

In Kritikos v. Anderson, 2013 WL 1748678 (Fla. 4th DCA Apr. 24, 2013), a residential owner of Florida property ("Owner") entered into a contract with a New York architect ("Architect") to design an ocean front home to be built on Jupiter Island, Florida. Owner entered into a contract with a separate company owned by Architect pursuant to which that company was to serve as the construction manager ("Construction Manager"). Construction Manager but, acting as an agent of Owner, entered into a construction contract with a general contractor ("General Contractor").  Read More . . .

Is Appraisal Even Mandatory Anymore? Depends on The Policy.

Casualty insurance policies have long contained provisions requiring appraisal as to disputes. All too often, property owners would being suit to force their insurer to pay for a covered loss, only to have the case dismissed or stayed until the property owner complied with the policy provisions requiring such appraisal. After a while, it simply became assumed that before suit could be filed to determine the amount of the loss, submission to the appraisal process was mandatory. Not so.  Read More . . .

Change Orders In The Construction Contract

As anyone in the construction industry knows, construction contracts are often modified during performance of the project. Often times, this is because something is left out of the design documents, a specified material is not available, or the owner simply changed its mind during construction and wants to add or subtract items to the scope of work. This leads to the dreaded "Change Order". Owners dislike Change Orders because they add to the cost of the Project. On the other hand, contractors generally enjoy Change Orders because they add to the cost of the Project. Of course, this love-hate relationship inevitably leads to disputes.  Read More . . .

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