Board-Certified In Construction Law By The Florida Bar
Over the last several years, much has been written about the impending arrival of All Aboard Florida, the new express rail line owned and operated by the Florida East Coast Railway.While most people are familiar with the high-speed passenger train's planned route,...
In The School Board Of Broward County vs. Pierce Goodwin Alexander & Linville, No. 4D11-4808 (Fla. 4th DCA, 2014), the School Board of Broward County entered into a contract with an Architectural firm ("the Architect") to perform design services for the renovation...
The Florida Legislature has found that an alternative method to resolve construction disputes would be helpful to reduce the need for litigation and to protect the rights of property owners. As such, Chapter 558, Florida Statutes, was created to provide contractors,...
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...
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...
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...
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 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...
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...
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...