Monthly Archives: October 2019
Understanding the 4 Types of Construction Delays
In every profession there are events that may lead to delays. But construction delays can prove especially costly. A construction project involves a complex network of owners, developers, contractors, subcontractors, and suppliers. A delay on the part of any of these parties can hold up an entire project for months or even years. And… Read More »
When Is “Impossibility of Performance” a Defense to a Breach of Construction Contract Claim?
Many construction contracts contain language specifying completion of the project within a certain timeframe. But as we all know, there are many factors that can make even the most generous construction schedule impossible. So when does Florida law actually recognize “impossibility of performance” as a defense to a breach of contract claim? Impossibility Is… Read More »
What Is an Owner’s Liability for Injuries Sustained by a Subcontractor’s Employees?
A construction project typically involves a property owner who hires a general contractor. The general contractor, in turn, hires various subcontractors to perform specific tasks. The contractor and sub-contractors then hire and supervise their own employees on the project. As a general rule, if an individual employee is injured they cannot seek damages against… Read More »
How Florida Law Protects Builders from “Stale” Defective Construction Claims
It is not uncommon for Florida builders to receive complaints from dissatisfied customers over an alleged defect in their new home. But Florida law does impose certain time limits on defective construction claims. Specifically, there is a 10-year statute of repose on any lawsuit based on the “design, planning, or construction of an improvement… Read More »
When Can a Contractor Be Sued for “Attractive Nuisance”?
Construction sites are dangerous places for people who lack the proper training. This especially includes children. And conversely, children pose a legal risk for construction companies should they injure themselves at a job site. Under normal circumstances, a property owner or contractor cannot be held liable for injuries sustained by “trespassers.” In other words,… Read More »
