Recent Blog Posts
COVID-19 AND RESULTING DELAYS IN CONSTRUCTION
R. Scott Clayton, Esq. and Adam C. Linkhorst, Esq. In late February 2020, Covid-19 reached the shores of the United States and what has followed has been an unprecedented effort at “social-distancing,” resulting in abrupt decreases in commerce, including the closing of restaurants, beaches, and other non-essential services. This slowdown will certainly impact the… Read More »
Construction Liens and Deficiency Judgments
When a contractor or subcontractor does not get paid, there is likely to be a legal proceeding involving a construction lien. The unpaid contractor who holds the lien may foreclose on the property. And even then, they may still go after the project owner or general contractor for any remaining unpaid balance. Unpaid Subcontractor… Read More »
COVID-19 Update
In response to the health crisis associated with COVID-19, Linkhorst & Hockin, P.A. has implemented a strong business continuity plan and we are pleased to advise that our staff are presently working remotely. We are certain that this will allow for continuous client service and continued assistance to the legal community. Accordingly, our firm will… Read More »
How Does “Common Law Indemnification” Work in Construction Lawsuits?
Many construction contracts contain indemnification clauses. Such clauses can shift the legal responsibility for any damage arising from defective construction from one party to another, such as from a general contractor to a subcontractor. But even in the absence of such agreements, there are situations where Florida common law may provide for indemnification of… Read More »
Louisiana Court Continues to Resolve Claims from Defective Chinese Drywall Litigation
Florida residents are no strangers to major hurricane activity. Unfortunately, the destruction of a major storm often requires the rebuilding of thousands of homes. While this short-term housing boom is great for contractors, it can also place enormous strain on the supply chain. Between 2004 and 2006, the devastation of Hurricane Rita and Hurricane… Read More »
Do You Know What Your Commercial General Liability Policy Actually Covers?
In any construction project, a general contractor will take out a commercial general liability (CGL) policy to insure against known risks. But do you actually know what your CGL policy covers? You might assume that certain common risks are covered, but the plain language of the insurance contract may say otherwise. Michigan Court Upholds… Read More »
NTSB Blames Engineering Firm for 2018 FIU Bridge Collapse
Construction accidents occur everyday. Few make national headlines. One exception was the March 15, 2018, collapse of a pedestrian bridge at Florida International University in Miami. Known as the FIU Sweetwater UniversityCity pedestrian bridge, it was constructed to connect the FIU campus to nearby student housing. The construction project, which cost over $14 million,… Read More »
Dealing with the Legal Fallout When the Federal Government Terminates a Construction Contract
Most construction contracts awarded by the federal government require the prime contractor to post two separate bonds, which are known as “Miller Act” bonds after their authorizing statute. The first Miller Act bond is to guarantee performance of the contract, while the second bond guarantees the prime contractor will pay any subcontractors and suppliers…. Read More »
Delays on MiamiCentral Project Prompt General Contractor to Sue Project Owners
Construction delays are never a good thing for any party involved in a major project. Ideally, the terms of the construction contract will specify procedures for handling delays, including granting any necessary extensions of time to deal with unforeseen problems. But even with such processes in place, there may still be disputes–and potentially lawsuits–over… Read More »
The Basics of Arbitration and Mediation in the Construction Industry
When a dispute arises from a construction contract, litigation is often not the first option to resolve the matter. Many Florida construction contracts contain arbitration or mediation agreements. These are types of private dispute resolution that, if successful, address a dispute in a quicker and more effective manner than a traditional civil lawsuit. How… Read More »
