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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Distinguished AV LexisNexis Martindale-Hubbell Peer Review Rated for Ethical Standards and Legal Ability
Listed In Best Lawyers The World's Premier Guide
South Florida's Top Rated Lawyers
Certified The Florida Bar Construction Law
The Best Lawyers in America
The Associated General Contractors Of America
The Associated General Contractors Of America
ABC Associated Builders and Contractors Inc Member

CONTRACTOR DEPRIVED OF RIGHTS UNDER SUBCONTRACTOR’S PERFORMANCE BOND BY FAILING TO PROVIDE NOTICE OF DEFAULT AS REQUIRED BY SUBCONTRACT INCORPORATED BY REFERENCE

By: Robert S. Tanner, Esq.

In a previous article, “Before Signing That Contract, Be Sure You Understand All of the Terms Incorporated by Reference,” we discussed that during contract negotiations it is important to understand terms that might be incorporated by reference into your contracts. For example, it is not unusual for a subcontract to state something along the lines of, “the Subcontract Documents consist of (1) this Subcontract; (2) the Prime Contract, including general and supplementary conditions; (3) Drawings, Specifications, Addenda . . . .” Frequently, some of the referenced documents are not provided to the subcontractor but only offered as available for inspection if the subcontractor wants to review them. Often, the subcontractor also represents by signing the subcontract that it did inspect the referenced documents prior to signing the subcontract. It must be understood that the law generally enforces terms of referenced documents which are “incorporated by reference.”  Read More….

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Malka & Kravitz, P.A. - Your Construction Law Firm

1300 Sawgrass Corporate Parkway
Suite 100
Fort Lauderdale, FL 33323

Toll Free: 888-341-9053
Phone: 954-828-2807
Fax: 954-514-0985
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super-lawyers
Distinguished AV LexisNexis Martindale-Hubbell Peer Review Rated for Ethical Standards and Legal Ability
Listed In Best Lawyers The World's Premier Guide
South Florida's Top Rated Lawyers
Certified The Florida Bar Construction Law
The Best Lawyers in America
The Associated General Contractors Of America
ABC Associated Builders and Contractors Inc Member