Category Archives: Construction Contracts
Overview Of Construction Manage And Design Build Contracts In Florida
You hear about the Florida construction boom in the news and see the construction cranes dotting the skylines, but you may not fully grasp the magnitude of the growth until you review a few key indicators. According to Cumming Insights, a leader in construction market analysis, the total construction market volume in Miami, FL… Read More »
Substantial Completion for Florida Contractors: Answers to Your FAQs
Contractors are well-familiar with the term “substantial completion,” and many have even had to deal with disputes arising out of it in a Florida construction contract. If you were forced to address some of the legal issues, the underlying concepts can be frustrating. The American Institute of Architects (AIA) defines substantial completion as the… Read More »
Is Your Liquidated Damages Clause Enforceable Under Florida Construction Law?
Florida construction contracts encompass numerous provisions, from the basic payment terms conditions and scope of work to specific conditions and the schedule to which the parties agree. While any section can be vague or confusing, it is the liquidated damages clauses that quite often lead to conflicts and disputes. This is due to the… 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 »
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 »
2019 Legislative Changes Affecting the Construction Industry
The construction industry in Florida is highly-regulated, partly due to problems experienced in the past. Every legislative session brings further changes, so whenever contemplating entering into a construction contract, retaining the services of an experienced construction law attorney is crucial to ensuring that the contract meets all legal requirements set forth by the legislature,… Read More »
Options When a Construction Company Violates a Warranty
Having construction work done on a property requires a lot of trust be put in the contractor. In many cases, the project is completed according to the specifications and within a reasonable time. In some cases, however, this trust is shattered when the contractor does not fulfill his/her requirements under the contract. Retaining the… Read More »
Requirement to Build or Improve a Residence in Florida
Deciding to build or renovate a residence is the easy part, and, in a way, so is the construction or renovation. The difficult part lies primarily in the middle of those two steps – obtaining construction permits. As anyone who dealt with any government office, interaction with a government entity can be frustrating. Regardless,… Read More »
Filing a Complaint Against a Contractor
When a property owner wishes to build a new structure or renovate to an existing building, he/she must enter into a construction contract with a contractor, which, if done correctly, delineates all the rights and responsibilities of each party. Retaining the services of an experienced construction law attorney, and, especially, one with experience in… Read More »
Issues Related to Change Orders in Construction Contracts
Negotiating a construction contract should be done with a thorough analysis of all possible permutations, as well as the expected consequences. In cases in which construction contracts do not proceed as smoothly as expected, it is a welcome relief to have a plan for responding in the construction contract to avoid disagreement. Retaining the… Read More »
