Board-Certified In Construction Law By The Florida Bar
A contractor or project owner is likely to incur additional costs and suffer ongoing losses if the project they are working on is delayed. Still, delays are almost bound to happen, or at least, they are an anticipable possibility. It might seem only fair that...
For those looking to have a project done in their home or business, you may notice that the people willing to do your work call themselves different names, like handyman or contractor. But, what is the difference? In a word, a license Because of the amount of ongoing...
Any construction project in Florida will involve the execution of numerous contracts. These contracts establish how much the builders, contractors and subcontractors involved in the project will be paid and what will happen if either party fails to perform their...
Contract negotiations are a key part of any Florida construction project. They help to ensure that both parties are aware of their rights and responsibilities while preventing disputes from arising. When negotiating a construction contract, it is important to keep the...
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...
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...
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...