Category Archives: Construction Law
What Construction Firms Need to Know About Stopping Racial Harassment on the Job Site
It goes without saying that all Florida general contractors have a duty to maintain a safe working environment for all of its employees and subcontractors. But safety is not just limited to potential physical hazards. There are also human factors that need to be considered. For example, no contractor should ever allow its employees… Read More »
When Can a Florida Court Look Outside the Terms of a General Contractor’s Insurance Policy to Resolve a Dispute?
All Florida contractors know they need to obtain appropriate commercial general liability insurance before starting work on a project. Of course, insurance policies do not cover every potential lawsuit. Insurers carefully craft exclusions to minimize their own exposure and losses. And oftentimes, a contractor may find itself fighting a battle on two fronts: against… Read More »
What Construction Firms Need to Know About Florida’s New Sea-Level Impact Study Law
Most of Florida’s population lives near the coastline. This poses special challenges for construction projects as climate change contributes to rising sea levels. To address these challenges, the Florida legislature recently adopted Senate Bill 178, which will require project-based “sea level impact” (SLIP) studies for state-financed construction projects starting in 2021. Why the Legislature… Read More »
What Happens When an Arbitrator or Judge Finds a Construction Contract Is Void?
A well-drafted construction contract can protect a contractor in the event a client refuses to pay. But what happens when the client commits fraud to obtain the contract in the first place? Is the contract void? And if so, what legal remedies does the contractor have to mitigate their losses? Bankruptcy Court Refuses to… Read More »
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 »
