Board-Certified In Construction Law By The Florida Bar
As anyone in the construction industry knows, construction contracts are often modified during performance of the project. Often times, this is because something is left out of the design documents, a specified material is not available, or the owner simply changed...
Although in our litigation experience it is not typical for someone to assert that a contractor's contract to "furnish and install" is subject to the Uniform Commercial Code ("UCC") governing sales of goods, we have seen lawyers do it. Significant consequences can...
It is often repeated that the clear and unambiguous terms of an insurance policy govern, but that if any ambiguities exist, they are resolved in the favor of the insured. It is equally axiomatic that statutes are to be given their clear meaning. Based on those well...
A common practice in the construction industry is to incorporate by reference other documents into the contract between two parties. For example, subcontracts frequently incorporate the "Contract Documents" (which term is usually defined) and have a statement to the...
The economic loss rule has been a long evolving judicial doctrine that served as a basis to prohibit people from suing for damages that result from nonperformance of the contract under a tort theory when the parties had a contract. Simply put, you cannot sue in tort...
The Florida Construction Lien Law has been called many things, but not simple. There are key time periods, the failure to comply with which, can result in loss of lien rights or other serious consequences. The following is a description of the key time periods in what...
You have all been there. You are due monies on a project, cash flow is tight, and finally a check is ready. You are handed a release to sign, and do so without much concern. It is not until later that you learn the effect of that release. Although you have executed...
As we have written before (read here), providing timely notice of an insurance claim can often be the difference between securing coverage, or facing financial catastrophe. In the case of 1500 Coral Towers Condominium Association, Inc. v. Citizens Property Insurance...
Warranty law is important to both sellers and buyers. Suppliers of construction materials may be held liable under a warranty theory, while the contractors who purchase construction materials may believe the materials they purchased were defective and, therefore, want...
You have probably heard a million times not to worry if your contract is verbal or vague, as the law will protect what the parties to an agreement intended. This remains the general rule. However, depending on what terms your agreement is vague on, even if in writing,...