Recent Blog Posts
Watch Time Deadlines for Suing Under Construction Contracts
When you think of statutes of limitations—the time limit you have to file a lawsuit—usually, civil, business, or injury claims are the first kinds of claims that come into your mind. But construction related cases and claims also have time limits, which, if not followed, can result in the loss of the ability to… Read More »
Using Verbal Agreements to Modify Written Construction Contracts
As a smart business person, and someone experienced in construction projects, you likely know enough about construction law to figure out that it’s best that your contracts be in writing. That’s not to say that oral agreements are never enforceable–they often are–but because of the complexity and nature of the construction industry, a written… Read More »
Is an Expert Witness Needed to Interpret Building Codes?
In almost every legal field, experts are vital to proving or defending a case. This is also true in construction law, where, as you can imagine, there are often highly technical construction related factual scenarios that a judge or jury must understand. Certainly, the average lay witness would not have enough expertise to testify… Read More »
Arbitration Clauses Should be Broad
If you enter into construction contracts, you may have or want to enforce arbitration provisions in your construction contracts. But how broad are arbitration provisions? Do they cover all claims that arise between a builder and other parties, or only the kinds of claims specified in the construction contract? Builder Tries to Enforce Arbitration… Read More »
Special Laws Govern Construction Related Venue Provisions in Contracts
In a business or a construction contract, your agreements may look like they have covered all the bases. But have you thought of where a lawsuit would be filed, if your construction contracts need to be enforced (or where a lawsuit would be filed, if it was filed against you)? This question may be… Read More »
Attorney Brendan A. Sweeney of Sweeney Law, P.A. Featured in the October Edition of the Broward County Bar Barrister – Florida Commercial Leases and the Effects of Force Majeure Clauses in the Era of COVID-19
Our country is experiencing one of the most unprecedented events in modern history. Businesses throughout the country and Florida are feeling the economic impacts as governmental regulations, aimed at curbing the spread of COVID-19, have made it difficult to continue normal operations. This economic turmoil has business owners asking one common question: “If my… Read More »
Avoiding Permitting Violations
If you are a contractor, you probably are aware of the permits that you need to obtain and keep current, in order to keep working and practicing in Florida. However, it may be helpful to have a more complete and accurate understanding of what is required of you. The Permitting Requirements Vary The Florida… Read More »
Fraudulent Construction Liens in Florida
According to the National Commercial Real Estate Development Association (NAIOP), Florida ranked 6th in 2019 in commercial construction spending. With the instability that the pandemic has brought in 2020, many projects have been put on hold or have been changed, leaving the parties in payment disputes. What is a Construction Lien? The term mechanic’s… Read More »
What to Do When You Get an OSHA Violation (Before Litigation)
Construction sites often involve accidents, as much as employers try to avoid them, and despite best efforts to keep a construction suite as safe as possible. When any kind of accident happens there can be investigations by the Occupational Safety Hazard Administration (OSHA). If your business or company is subject to an OSHA investigation,… Read More »
Florida Court Apportions Liability in Dock Construction Injury Case
Construction accident cases often involve claims of liability alleged against owners, contractors, and subcontractors. Recently, in a case brought by an individual who was injured walking on the edge of an unfinished dock that was under construction, a Florida District Court of Appeal was called on to apportion liability among these parties. What Happened… Read More »
