Category Archives: Construction Law
Understanding the Limits of a General Contractor or Subcontractor’s Liability Policy
It is standard practice in the construction industry for contractors and subcontractors to obtain insurance that protects not only themselves, but also the project owner, from legal legal liability arising from their work. But how far does this indemnity extend? For example, is the contractor’s insurance company responsible for damages caused by the owner’s… Read More »
Tampa Construction Contractor Fined $100K Following Death of Jobsite Worker
If you provide construction services in Florida, then you know about the importance of workplace safety. Not only do accidents affect your ability to complete a project on time–they can land you in serious legal trouble with federal and state authorities. And even if a safety violation was not willful or intentional, a judge… Read More »
The Impact of COVID-19 on Florida Construction Loans
Florida’s construction industry faces one of its biggest challenges ever in dealing with the ongoing COVID-19 pandemic. Although the state considers construction an “essential” industry that can remain open during this emergency, that does not necessarily mean all projects are able to continue and finish on schedule. This, in turn, could trigger a substantial… Read More »
OSHA Issues New COVID-19 Guidance to Construction Industry
Florida’s construction industry remains open during the COVID-19 pandemic. But many contractors and subcontractors are still in a state of limbo when it comes to proceeding with individual projects. “Social distancing” is not always a practical alternative for a job site. And construction firms are understandably hesitant to resume work without clear guidance as… Read More »
When Is a “Fixed-Bid” Contract Not Really a Fixed-Bid Contract?
Most Florida construction contacts are “fixed-bid” or “lump-sum” arrangements. This simply means that the contractor agrees upfront to accept a certain price for their work regardless of the final costs. So if the contractor does experience any cost overruns, they basically have to eat that loss. Project owners obviously prefer lump-sum contracts as it… Read More »
What Is “An Inconvenient Forum” to Hear a Construction Lawsuit?
Many Florida-based contractors work on international construction projects. When taking on such projects, it is important to fully understand the legal implications. For example, if something goes wrong and it becomes necessary to litigate, which country’s courts will have jurisdiction over the dispute? To put it another way, do not assume that just because… Read More »
Florida Construction Firms Under Scrutiny to Comply with Pandemic Restrictions
Construction firms are under increased public scrutiny due to the COVID-19 pandemic. Local authorities have implemented new procedures designed to keep worksites safe. At the same time, the media has become more aggressive in policing potential violations of safety standards. To give an example of the latter, WFTS in Tampa Bay recently published images… Read More »
Why Every Florida Construction Contractor Needs to Be Honest When Obtaining Workers’ Compensation Insurance
Every Florida construction firm needs to carry workers’ compensation insurance, even if they have just one employee. This is a much stricter rule than applies to most Florida businesses. Non-construction businesses are only required to carry workers’ compensation insurance if they have at least four employees. In addition, the general contractor on a construction… Read More »
What Florida Construction Contractors Need to Know About the Legal Risks of COVID-19
The ongoing COVID-19 pandemic has thrown much of Florida’s construction industry into chaos. Some localities have ordered projects to suspend, while others continue. And even for those projects still going, there are mounting delays as subcontractors and suppliers struggle to keep going. If you find yourself unsure of what steps to take to manage… Read More »
Can Florida Construction Sites Remain Open During the COVID-19 Pandemic?
The Miami-Dade order specifically declares “[c]ontractors and other tradesmen,” as well as “[o]pen construction sites, irrespective of the type of building,” to be “essential” services that can remain open during the COVID-19 emergency. Additionally, businesses that provide “support or supplies necessary to operate” for contractors and construction sites can remain open, provided they do… Read More »
