Category Archives: Construction Law
Tips For Avoiding Change Order Disputes In Florida Construction Contracts
When negotiating a construction contract, contractors and owners typically operate under a key assumption: There WILL be changes to the project that will inevitably impact the scope, cost or schedule. It is either impossible or impractical to comprehensively define the scope of work down to every last detail that may arise. Therefore, there is… Read More »
3 Laws Florida Contractors Should Discuss With A Construction Law Attorney
The construction market continues to boom around Palm Beach County and all of South Florida, with experts predicting that growth will reach 4.6 percent in 2021. Even after a year of pandemic uncertainty and lockdowns, residential construction in particular is expected to soar to a 15.5 percent increase over 2020. Whether you have been… Read More »
4 Benefits Of Arbitration To Resolve Florida Construction Disputes
Regardless of the positions of various entities in a construction dispute or defects claim, there is usually one factor they CAN agree upon: It is worthwhile to consider all available, practical options to avoid costly, time-consuming litigation. Informal negotiations can often be successful in overcoming disagreements, but many parties require a process that offers… Read More »
Florida Appeals Court: Insurance Company Cannot Hide Behind Homestead Exemption to Avoid Contractor Lawsuits
Florida provides homeowners with some of the strongest creditor protections in the country. The Florida Constitution itself contains a homestead exemption, which prohibits the forced sale of a person’s primary residence in order to satisfy a debt or creditor judgment. There is, however, a critical exception for “obligations contracted for the purchase, improvement or… Read More »
5 Reasons You Need a Florida Board Certified Attorney for Construction Law Matters
Rules governing the practice of law allow attorneys to handle client matters in a wide range of areas, as long as they pass the bar and meet other general requirements to remain good standing. However, lawyers can also seek board certification from the Florida Bar Association in specific legal topics. If granted, the distinction… Read More »
Florida Appeals Court Holds Tampa Violated State Redevelopment Laws By Offering Building Without Public Notice or Bidding
Florida law authorizes local governments to designate “Community Redevelopment Areas” (CRAs) when certain conditions exist. The local government appoints a Community Redevelopment Agency to oversee the CRA, which in turn is responsible for developing and implementing a redevelopment plan for the area. If the local government subsequently wants to dispose of any real estate… Read More »
When the Contracting Process Is Corrupted: Dealing with Bid Rigging in the Construction Industry
Losing a bid is something that happens to every Florida contractor or subcontractor. In most cases, the bidding process itself was conducted fairly and in accordance with the law. But there are situations where contractors may engage in improper–and illegal–bid rigging. Such actions can have serious consequences for both the companies involved as well… Read More »
Piercing the Corporate Veil: When Can a Subcontractor Go After the Personal Assets of a General Contractor’s Owners?
Even small construction contractors in Florida typically do business as a corporation or limited liability company (LLC) in order to take advantage of limited liability protections. Put simply, the business entity is liable for any debts owed by the business, as opposed to the individual owners or shareholders. Only under limited circumstances will a… Read More »
Does a Construction Arbitration Agreement Bind Everyone Who Lives in the House?
It is not unusual for the purchaser of a new home to accuse the builder of defective construction. Such claims, of course, can lead to expensive and time-consuming litigation. One way to mitigate against such risk is by including a mandatory arbitration clause in the purchase agreement. Federal law strongly favors the enforcement of… Read More »
Does a Residential Building’s Insurance Policy Cover Injuries Sustained by Construction Workers?
When a construction worker is injured on the job site, it can trigger a chain reaction of legal disputes over who is responsible for coverage. While workers’ compensation normally covers the contractor’s liability, the worker may still attempt to bring claims against other parties, including the project owner. And this in turn can lead… Read More »
