Board-Certified In Construction Law By The Florida Bar
This annual Legislative Session in Tallahassee was an active session for construction law related issues. In our continuing effort to keep our clients up to date on the latest construction law issues, Your Construction Law FirmTM provides this summary as to the...
Worthington Communities, Inc., was both the property owner and the general contractor for a condominium project in Fort Meyers. Worthington contracted with Sunshine Masonry, Inc. ("Sunshine") to install forms and pour concrete for structural divisions between floors....
As Tom Hagen said to Sonny Corleone in the Godfather, it "is business, not personal." Words to live by. Often in our line of work, clients want their pound of flesh. They want to prove the other side wrong, and make them pay. We, as lawyers, do well from a financial...
As we have written before, reformation, or correction of mistakes in a contract are not a legal right. While a court can order that a contract be rewritten to take into account some mistakes, the court's ability to do so is limited. The only sure fire way to be...
The law regularly changes, but often, business are not keeping up. Long standing practices that have worked for years may seem difficult to change, but failing to do so can be costly. Whether it is required language to be included within your contracts, or...
In Kritikos v. Anderson, 2013 WL 1748678 (Fla. 4th DCA Apr. 24, 2013), a residential owner of Florida property ("Owner") entered into a contract with a New York architect ("Architect") to design an ocean front home to be built on Jupiter Island, Florida. Owner entered...
Casualty insurance policies have long contained provisions requiring appraisal as to disputes. All too often, property owners would being suit to force their insurer to pay for a covered loss, only to have the case dismissed or stayed until the property owner complied...
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...
If you have not yet subscribed to the Florida Construction Law Newsletter, subscription is free and easy. Just click the "Subscribe to Our Newsletter" link to the left and receive our monthly newsletter of topics in Florida Construction Law in your inbox!
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...