Does your contract contain a liquidated damages provision that is enforceable?A liquidated damages provision fixes and makes certain the damages the parties agree to in the event of a breach. Such provisions provide certainty as to the damages to be paid where...
Board-Certified In Construction Law By The Florida Bar
Year: 2013
Liens Do No Need to Be Perfect, Although They Should Be.
By: Harry Malka, EsquireYour Construction Law Firm™In the recent case of Premier Finishes, Inc. v. Chris Maggirias, 2D13-1340, (Fla. 2d DCA, November 15, 2013), the Court of Appeals for the Second District of Florida addressed the issue of whether a Claim of...
Material Suppliers Can Limit A Buyer’s Remedy
THE LAW ALLOWS MATERIAL SUPPLIERS TO LIMIT A BUYER'S REMEDIES, BUT CAREFUL CONTRACT DRAFTING IS REQUIREDBy: Robert S. Tanner, Esq.Your Construction Law FirmTMBoth sellers and buyers of construction materials should have a keen interest in being aware of the common...
Notice to Owner Issues Can Be Tricky For Late Arriving Subcontractors
Protecting your construction lien rights is one of the best collection tools that contractors and suppliers can use. But, the procedures and timing can be complicated. An overview of the construction lien process and timing can be found here. Working closely with a...
Are Additional Terms In A Supplier’s Invoices Part of The Agreement?
Detailed agreements often are not reached in the sales of goods. Frequently, such sales consist only of submitting a purchase order, receiving the goods, receiving an invoice, and then payment. So, when a dispute concerning the goods arises, a question may also arise...
Is That Your Product For Insurance Purposes?
Is That Really Your Product?By: Harry Malka, EsquireYour Construction Law FirmTMIn the recent case of Liberty Mut. Fire Ins. Co. v. MI Windows & Doors, Inc., 2D12-2793, 2013 WL 4734045 (Fla. 2d DCA, September 2013), the Court of Appeals for the Second District of...
Contract Provisions That Will Make You Proud
CONTRACT PROVISIONS THAT WILL MAKE YOU PROUDBy: Robert S. Tanner, Esq.Your Construction Law FirmTMIn General Tool Industries, Inc. v. Premier Machinery, Inc., 790 So. 2d 449 (Fla. 3d DCA 2001), Buyer engaged Seller to manufacture specialized equipment that could...
Arbitration Considerations in Litigating Construction Disputes
Arbitration Considerations in Litigating Construction DisputesBy: Harry Malka, EsquireYour Construction Law FirmTMIt is very common for construction contracts to include an "arbitration provision." In essence, the arbitration provision in a clause in the contract that...
Warranty Law Exposes Rift Between Florida Legislature and Florida Supreme Court
In 2010, the Fifth District Court of Appeal ruled in Lakeview Reserve Homeowners, Etc. v. Maronda Homes, Inc., 48 So. 3d 902 (Fla. 5th DCA 2010) that a developer granted to new buyer's in a residential subdivision implied warranty rights with respect to supporting...
Overhead and Profit Must Be Included In Replacement Cost Coverage Payout
Overhead and Profit Must Be Included In Replacement Cost Policy PayoutBy: Ian T. Kravitz, EsquireYour Construction Law FirmTMIn Trinidad v. Florida Peninsula Insurance Company, (Florida Supreme Court, SC11-1643, July 3, 2013) the Florida Supreme Court took up the...