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Understanding the 4 Types of Construction Delays

By Linkhorst & Hockin, P.A. |

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 »

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When Is “Impossibility of Performance” a Defense to a Breach of Construction Contract Claim?

By Linkhorst & Hockin, P.A. |

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 »

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What Is an Owner’s Liability for Injuries Sustained by a Subcontractor’s Employees?

By Linkhorst & Hockin, P.A. |

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 »

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How Florida Law Protects Builders from “Stale” Defective Construction Claims

By Linkhorst & Hockin, P.A. |

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 »

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When Can a Contractor Be Sued for “Attractive Nuisance”?

By Linkhorst & Hockin, P.A. |

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 »

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PBC Reminder On Contractor Responsibility For Hurricane Preparedness & Florida Building Code Cited Language

By Linkhorst & Hockin, P.A. |

Please click here to read the recent notice from the Department of Planning, Zoning & Building in Palm Beach County.

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How Florida’s New “Right of Contribution” Will Affect Defective Construction Lawsuits

By Linkhorst & Hockin, P.A. |

Defective construction lawsuits often lead to a mad scramble among the insurance companies covering the underlying project. It is often the case that two or more insurers have a legal duty to defend against the same lawsuit. But these duties typically exist independently of one another. In other words, say a given construction project… Read More »

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When Is a Construction Lien Considered “Fraudulent” Under Florida Law?

By Linkhorst & Hockin, P.A. |

A construction lien is an important legal tool that assists contractors in collecting money for labor, services and materials furnished directly against the owner of a project. Such liens effectively give the contractor a claim against the property itself. And in some cases, the contractor may be forced to foreclose upon the lien, thereby… Read More »

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The Consequences of Providing Inaccurate Information on a Bid for a Public Construction Contract

By Linkhorst & Hockin, P.A. |

Public contracting can pose a challenge for even experienced Florida builders. There are a myriad of rules and regulations that need to be followed when dealing with a public construction project. And if you fail to follow the state’s procedures to the letter, you can quickly find yourself dealing with the legal fallout in… Read More »

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Issues Prevalent in Prefabricated Houses

By Linkhorst & Hockin, P.A. |

Many homeowners, including regular readers of this blog, know that newly constructed houses can nevertheless contain defects. However, even a new trend of homebuilding – prefabricated houses – which claims to be a more efficient means to construct a house, can still contain defects. When construction defects are detected, retaining the services of an… Read More »

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