By: Robert S. Tanner, Esq.Can a contractor obtain a judgment against an owner for unpaid work but still lose? You bet. Read On . . .
The Strange Case of The Losing Winner
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Board-Certified In Construction Law By The Florida Bar
Contract Law
The Dreaded Surety Collateral Call
SURETY'S RIGHT TO MAKE A COLLATERAL CALL ON BONDED CONTRACTOR AND ITS PRINCIPALSBy: Robert S. Tanner, Esq.It is pretty much a rule that a surety will not issue performance or payment bonds to a contractor unless the surety is assured that it has very little risk. This...
INCORPORATION BY REFERENCE STRIKES AGAIN:
CONTRACTOR DEPRIVED OF RIGHTS UNDER SUBCONTRACTOR'S PERFORMANCE BOND BY FAILING TO PROVIDE NOTICE OF DEFAULT AS REQUIRED BY SUBCONTRACT INCORPORATED BY REFERENCEBy: Robert S. Tanner, Esq.In a previous article, "Before Signing That Contract, Be Sure You Understand All...
Be Careful Or You May Have to Indemnity Others For Their Own Negligence
Indemnity obligations are often found in construction contracts. The function of these undertakings, generally speaking, is to pass liability through from one party to the other where one party is actively liable and the other party is vicariously liable. In the...
But I Thought We Had a Deal – A Lesson in Termination for Convenience
So you enter into a subcontract to furnish improvements for a set cost, everyone agrees, and then your subcontract is terminated for no reason, except that the general contractor has found someone who is willing to perform at a cheaper cost. Is that bad faith? Can the...
Even when the bond says no, you may be entitled to lost profits for unperformed work!
In The Plumbing Service Company v. Progressive Plumbing, Inc., Case No. 5D09-3171 (Fla. 5th DCA Oct. 22, 2010), The Plumbing Service Company ("Plaintiff") had sub-subcontract with Progressive Plumbing, Inc. ("Subcontractor"). Plaintiff sued Subcontractor alleging that...
Material Warranties Are NOT Implied Against Contractors
In regards to the furnishing of materials, did you know that warranties regarding the quality materials are NOT implied against contractors? Read here to learn more Contractor Material Warranties...
Professional Liability Policies 101
ever wonder what to look for when hiring a design professional? One key step is to verify that the design professional is adequately insured in the event of any potential claims regarding the design professional's work. This primer will help you learn what to look...
Know Your Insurance Policy?
As attorneys representing members of the construction industry, we are constantly emphasizing to our clients the importance of reviewing and understanding their insurance policies. Often times, a client knows that the company is insured, but does not understand what...
Florida Construction Lien and Bond Law Changes
The 2012 Florida Legislature made some significant changes to the State public bonding statute, Fla. Stat. 255.05 and the Florida Construction Lien Law. House Bill 897 passed and became Chapter 2012-211, Laws of Florida effective October 1, 2012:The following is a...