Many construction disputes revolve around patent defects. These are things that come to light relatively quickly, so they can cause an immediate dispute. This could be true even if the job is far from completion. A patent defect is something that a reasonable...
Board-Certified In Construction Law By The Florida Bar
Construction Law
Payment disputes can escalate quickly on construction projects
Issues over payments are one of the fastest ways a Florida construction project can slide into conflict. What starts as a simple disagreement over a pay application can quickly turn into liens, bond claims, work slowdowns and strained relationships between owners,...
When can mediation help with construction disputes?
Construction mediation and litigation are two ways to potentially resolve a dispute. Litigation generally means going to court and getting a ruling. This may be the only option that the parties feel they have if they are in a long-term dispute where no joint...
The pitfall of flexibility in construction projects
While every construction project should have a comprehensive set of plans before any work starts, sometimes there is a need to deviate from the original plan. Let’s use two examples that could occur when building a house: Example one: An owner realizes the living room...
How flow-down clauses can impact your subcontract
You review the plans, run your numbers and submit your price. When you get the call that you won the job, the pace tends to pick up quickly, and the focus shifts from bidding to getting work underway. The subcontract arrives, and you read through it to confirm your...
When a finished project goes unpaid
Finishing a construction project should mark the end of months of coordination, labor and investment. Unfortunately, for many contractors and subcontractors, it may become the start of a different kind of challenge. Payment delays at the final stage are more common...
Can you be liable for an uninsured subcontractor?
You bring on a subcontractor, the job kicks off, someone gets hurt or property gets damaged, and then you find out the subcontractor had no insurance. This scenario plays out more often than contractors realize, and you may end up holding the bag if you’re not...
Who is responsible for a construction defect?
Construction defects can happen during new construction, renovations, and both commercial and residential projects. They often lead to litigation, as there may be a substantial amount of money on the line. During this process, parties may debate who is actually...
Lump sum vs. guaranteed maximum price contracts
The most commonly used type of construction contract is a lump sum or fixed price contract. This is where the parties agree on a price for the whole project or at least the phase that the contract covers. Lump sum contracts are typically recommended only for...
When a construction project unearths serious secondary issues
Construction projects typically involve very specific expectations. Property owners want to repair damage or renovate part of a building. They hire a company capable of performing the work necessary to make those improvements. Much of the time, construction projects...
