Indemnity obligations are often found in construction contracts. The function of these undertakings, generally speaking, is to pass liability through from one party to the other where one party is actively liable and the other party is vicariously liable. In the...
Board-Certified In Construction Law By The Florida Bar
Month: September 2012
But I Thought We Had a Deal – A Lesson in Termination for Convenience
So you enter into a subcontract to furnish improvements for a set cost, everyone agrees, and then your subcontract is terminated for no reason, except that the general contractor has found someone who is willing to perform at a cheaper cost. Is that bad faith? Can the...
Can I Recover Attorney Fees On My Bond Claim?
Rules, more rules, exceptions to the rules, and an infinite number of exceptions to the exceptions - this may be the popular belief about what civil law is made of. Whether that perspective is accurate or not, understanding those rules, exceptions, etc., can translate...
Green Construction Success Story?
With electricity prices expected to increase substantially, some in the construction industry are actively looking for ways to offset that historically-fixed cost. Some have gone even further than just offsetting the cost by seeking to eliminate it entirely.For more...
Even when the bond says no, you may be entitled to lost profits for unperformed work!
In The Plumbing Service Company v. Progressive Plumbing, Inc., Case No. 5D09-3171 (Fla. 5th DCA Oct. 22, 2010), The Plumbing Service Company ("Plaintiff") had sub-subcontract with Progressive Plumbing, Inc. ("Subcontractor"). Plaintiff sued Subcontractor alleging that...
Permit Process Discussion Group
With permit fees at an all time high, and the process of obtaining approvals sometimes difficult to maneuver, this blog has been created to allow industry professionals to discuss ways of improving the system as a group, without being concerned of jeopardizing...
Material Warranties Are NOT Implied Against Contractors
In regards to the furnishing of materials, did you know that warranties regarding the quality materials are NOT implied against contractors? Read here to learn more Contractor Material Warranties...