Articles

• Can I Recover Attorneys Fees On My Payment Bond Claim?
• Claim of Lien by the Wrong Party Renders the Claim of Lien Fraudulent and the Recording Party Liable for Damages
• Before Signing That Contract, Be Sure You Understand All of the Terms Incorporated by Reference
• Integrated Project Delivery: a Viable Project Delivery Method?
• The Menace of Attorneys Fees
• Individual Professional Not Protected by Limitation of Liability Provision in Contract Between His Employer and Employer’s Client
• Court Finds Common Law Implied Warranty in Subdivision Roadways and Other Systems
• Licensed or Unlicensed? That Is the Question
• Underground Contractor Not Liable for Damage to Utility After Proceeding Without &one call; Hotline Response
• Appellate Court Applies Common Sense in Finding Scope of Work Did Not Require State License
• Federal Court Incorporates Contractual Insurance Requirement to Be a Limit on Indemnity for Compliance With Fla. Stat. 725.06
• Know Your Insurance Policy
• Sellers: Your Sales Pitches May Create Express Warranties
• An Agreement to Arbitrate Disputes Will Be Enforced Even Where the Agreement Is Silent as to the Procedures to Be Followed in Arbitration
• If the Law Has Changed, Should You Change Too?
• Employee’s Misconduct May Warrant Dismissal While Not Warranting Forfeiture of Unemployment Compensation Benefits
• Courts May Not Ignore or Rewrite a Clear and Unambiguous Contractual Arbitration Provision, Even if One Party Never Intended Such Provision to Apply to Specific Claims
• Special Considerations Regarding Arbitration Provisions
• Contract Dispute Arbitration Comes Before, Not in Lieu of Court Determination of Foreclosure
• Architects Beware of Liability Not Only for Your Contractual Obligations, but Those Incident to Those Obligations
• Guarantor Held to Arbitrate Under Provision in Employment Agreement
• Lenders Who Fail to Notify of Determination to Cease Funding Project May Be Liable to Contractors and Others Who Gave Notice
• Owner/contractor Under Duty to Ensure Safe Site
• Written Document Retention Plans
• One Bite at the Apple Is All You Get
• No Protection From Others for Your Breaches of Contract
• Specially Fabricated Materials Exception Applies to Bond Claims Under Section 255.05, Florida Statutes
• Lien Claim or Bond Claim? Or Both?
• Professional Liability Policies 101
• Conditional Payment Bond
• Fine Against Principal of Unlicensed Contractor Upheld
• Seller Beware
• Advantageous Contract Drafting of Attorneys Fees Provision
• Don’t Rely on Outdated Versions of the Construction Lien Law
• Lessors Ability to Exempt Property From Liens Requires Strict Compliance With Recording Provisions
• Subcontractors Usually Are Not Third Party Beneficiaries of Contracts Between General Contractors and Owners
• Failing to Provide Sufficient Information to Your Insurance Company When Making a Claim May Void Your Insurance Coverage
• Skilled Legal Analysis or After-The Fact Luck?
• Hire With Care
• Builder Burned, Lender Burned Worse
• Timing Under the Florida Construction Lien Law
• Termination of a Sub – a Checklist
• Subcontractor Bond Language
• Payment Bond – Lack of Written Basis for Dispute From Surety
• Defective Residential Construction – Notice and Opportunity to Cure
• An Owner’s Rights and Duties Under the Florida Construction Lien Law
• Accessibility Standards – Abc
• Mca – Disputes
• Monetary Amount for Indemnification
• The Line Between Extortion and Hard Bargaining
• Subcontractors Beware: Your Favorite Part of a Construction Project (getting Paid) Requires Your Careful Attention
• Are You Enforcing Your Contract Rights to Their Fullest
• Risk Management 101: Get the Insurance You Agreed to Get
• Promissory Estoppel Basics
• Don’t Be Surprised if You Are on the Hook for More Than You Asked for
• Construction Liens Are Available Only to Lienors for Their Permanent Improvements to Property
• What if I Have Made a Mistake in My Contract?
• Be Vigilant in Ensuring That Your Contracts Clearly Reflect Your Intention
• Constitutional Challenges to Florida Licensing Statute Unsuccessful
• The Value (or Not) of a Non-Compete Agreement
• Collecting When Your Debtor Transfers Assets and Cannot Pay
• Drafting Contracts to Say What You Mean
• Contractor’s Lien Discharged for False Information in Payment Application
• General Contractor Is the Statutory Employer of Employees of Subcontractor Under Worker’s Compensation Law
• Don’t Undercut the Value of the Insurance You Buy
• Understand your Contracts or you may Lose the Benefits you expected from them
• Contractor’s Duty to Inspect Alleged Defects
• Contractual Provisions Contained in Documents Incorporated by Reference Are Enforceable Even if Not Attached to the Contract
• Attempts to Use Alleged Lack of Licensure Fail at Summary Judgment Stage
• Appellate Court Saves Owner From Release He Signed
• Analyze Your Arbitration Provision Before Entering the Contract
• To Insure Or Not to Insure? That Is The Question
• Amendment 4 – an Unprecedented Attack on the Florida Construction Industry
• Justice Can Be Empty And Expensive
• Termination for Convenience – You May Not Have a Deal!
• Be Careful Or You May Indemnify Others for Their Own Negligence
• Changes to Florida Statute 255.05
• Unlicensed Contractors. What You Need to Know
• Unlicensed Contracting Can Prove Costly
• Incorporation By Reference Strikes Again
• The Surety Right to Make The Dreaded Collateral Call
• The Strange Case of the Losing Winner
• What to Look For From a Construction Law Standpoint When Purchasing a Home
• Is Appraisal Mandatory to Resolve a Policy Dispute?
• Bad Preliminary Notices Can Doom You From The Start
• Eliminate Low Cost Risks Especially Where the Benefits Are Great
• Do You Know Your Construction Contact – Part I
• Unlicensed Contractors Take Another Hit
• Do You Really Have An Enforceable Contract?
• Ensure Your Warranty Position Before The Ship Has Sailed
• Don’t Wait Until all the Damages Are Known
• I Signed What? Take Care to Understand the Releases You Sign!
• Death of The Conomic Loss Rule — Or Just a Case Of Legal Semantics?
• Clear Terms of The Policy Control
• UCC Is For You
• UCC Issues for Contractors
• Change Orders In The Construction Contract
• Is Appraisal Even Mandatory Anymore
• Contractor Wins Judgment…Momentarily
• But That is Not What I Meant! Too Bad So Sad!
• It is Business . . . It Is Not Personal
• Florida Construction Law Legislation Update 2013
• Contractor Installed Defective Materials? Look to The Supplier.
• Concealed Conditions
• Overhead and Profit Included In Replacement Cost Coverage
• Warranty Law Exposes Rift
• Arbitration Considerations in Litigating Construction Disputes
• Contract Provisions That Will Make You Proud
• Is That Your Product For Insurance Purposes?
• Binding nature of Additional Terms
• Notice To Owner Issues
• Liens Are Not Always Perfect
• Material Suppliers Can Limit a Buyer’s Remedies
• Liquidated Damages – Not An Opportunity To Overreach
• Chapter 558 Offers Opportunity to Resolve
• What Is a Design Professional’s Standard of Care?