Recent Blog Posts
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 »
How Does Interest Work on a Florida Construction Lien?
No Florida contractor wants to file a construction lien. But sometimes this is a necessary step to receive payment from a delinquent homeowner. And if it becomes necessary to foreclose on a construction lien, it is critical for you as the contractor to carefully understand the terms of your contract with the delinquent property… Read More »
What are the Legal Rights of a Project Owner or Surety in the Event of a Construction Default?
Surety bonds play an essential role in Florida construction projects. The surety guarantees the performance of a general contractor in completing a project under the terms of its contract with the owner. In the event of default, the owner can terminate the contract and demand satisfaction from the surety. Court: Surety Allowed to Retain… Read More »
How Abandoning a Construction Project Can Affect Your Coverage Under a CGL Policy
Defective construction claims can prove costly for a Florida contractor. To help guard against such claims, contractors take out commercial general liability (CGL) insurance policies. But having a policy is no guarantee that the insurer will defend against a defective construction claim. Consider a federal appeals court decision from earlier this year, Southern-Owners Insurance… Read More »
