Author Archives: Adam Linkhorst
Liquidated Damages vs. Actual Damages
Construction contracts tend to be dozens of pages long and include a ton of detail about the project. They often include provisions that allocate risk when a project runs late or fails to meet contractual obligations. One of the most important and frequently misunderstood provisions involves liquidated damages versus actual damages. For contractors, understanding… Read More »
When a Contractor Walks Off the Job
In the construction industry, disputes or unexpected problems can sometimes prompt a contractor or subcontractor to consider stopping work or walking off a job. However, doing so is considered contractor abandonment, which is a serious and potentially risky decision that requires a considerable amount of thought. Stopping work terminates the contract, which is “one… Read More »
Beattie Development Stalls on Projects, Leaves Homes Unfinished
Many builders face delays when building homes, but when multiple construction projects are delayed for years, it becomes a huge issue. Dozens of homeowners in Cape Coral, Florida hired local builder Beattie Development to construct their dream retirement homes, However, the projects stalled and many now remain unfinished and unlivable. What was supposed to… Read More »
Are Oral Contracts Enforceable?
When it comes to making promises, contractors may wonder: Can what I say be used against me in the form of a contract? In some cases, yes. While a written contract is the gold standard when it comes to enforcement and other legalities, an oral contract may be enforceable. However, proving that one existed… Read More »
Latent vs. Patent Defects in Construction Law
In an ideal world, a construction project would be absolutely perfect, with no issues or defects ever. While that would be great for contractors and property owners alike, that is hardly the reality. Construction defects can happen for a variety of reasons. When they do occur, they generally fall into two categories: latent defects… Read More »
Rebuild of Rickards Middle School Delayed by Structural Issues
A roof collapse at Rickards Middle School in Fort Lauderdale became a defining example of long-standing construction problems in Broward schools, and the project to rebuild the campus has done little to rebuild trust. The new campus, located on the same Oakland Park site, has been delayed for years. Now the new gym has… Read More »
Lennar Sued by Seminole Tribe for Hundreds of Defective Homes
It may not be too uncommon for one or two homes from a top builder to have minor defects during construction. But for a highly regarded construction company to have more than 500 defective homes, that is totally uncalled for and frankly infuriating. This is what a tribe is alleging. The Seminole Tribe of… Read More »
Defenses to Construction Delay Claims
In the construction industry, no matter how much you think you can get your project done on time, delays seem to occur. A shipping delay can cause your materials to arrive a few days late. A heavy storm can make the area muddy for several weeks. Financial difficulties may cause you to stop work… Read More »
Common Cabinetry Finish Issues
Cabinets are an important part of a home. Cabinets may be found in kitchens, garages, bathrooms, closets, and laundry rooms. They not only provide an aesthetic feel but they offer storage and organization. When cabinets are not manufactured or installed properly, they cannot function as expected. They may be deemed defective, and in that… Read More »
How Construction Disputes Escalate and How to Manage Them
Construction projects are complex, involving multiple parties, tight deadlines, and significant financial stakes. Even minor issues can escalate into disputes that disrupt timelines, increase costs, and sometimes end in litigation. Understanding how these disputes arise and how to manage them can help contractors and owners minimize risk. How Construction Disputes Escalate Miscommunication and lack… Read More »
