Category Archives: Construction Law
Lower Court’s Decision to Grant Summary Judgment for Subcontractor in Breach of Contract Action Reversed
Recently, the Florida District Court of Appeals, Fourth District, reversed a lower court’s decision to grant summary judgment to a subcontractor in a breach of contract action. In that case, Prime Investors & Developers v. Meridian Companies, the subcontractor was hired to install cabinets and countertops in a Miami-Dade County hotel. The District Court… Read More »
Preparing for a Construction Litigation Case
Construction litigation is an involved process that requires meticulous engagement with experienced trial attorneys who will bring your case to a favorable resolution. There are a number of steps involved in the litigation process, however, given the unique industry of construction, the steps will differ and requires certain considerations that do not have the… Read More »
Types of Construction-Related Litigation Damages
Construction litigation is a complex process that parties will try to avoid if their needs can be met through other dispute resolution means. However, that is not always the case. Instead, parties including general contractors, developers, owners and subcontractors often engage in a costly legal battle when there is no other means to resolve… Read More »
CONSTRUCTION DELAYS IN FLORIDA
Construction delays, while not inevitable, are generally common. For example, weather issues can cause many construction projects to be delayed for an unspecified period of time. Regrettably, whatever the cause of the delay, work must be stopped, and with that comes a cost. Sometimes that cost is not just financial, it creates a domino… Read More »
Steps to Permitting a Home Construction Project in Florida
Homeowners who are thinking of remodeling their home or starting work on an addition do not usually think of the permitting process. Depending on how large the construction project, the contractor must seek permission from the local agency before beginning construction. Homeowners must rely on the experience of their contractors to obtain the proper… Read More »
Arbitration Clauses in Construction Contracts
Construction contracts normally do not contain arbitration clauses. Parties prefer to leave it up to the courts in the case a dispute arises. That is usually the best course of action for parties given the varying complexities inherent in construction contracts and in the industry itself. However, there are some parties who prefer to… Read More »
Contractors vs. Subcontractor: Who is Responsible?
The construction transactional relationship between contractors and subcontractors can be quite complex when dealing with issues of negligence liability as well as injury to workers or third parties. Parties who seek to protect their interests can utilize a few legal strategies to avoid unwarranted liabilities. One way is by using a construction agreement to… Read More »
HOW TO AVOID PAYING TWICE AS AN OWNER DURING A CONSTRUCTION PROJECT IN FLORIDA
Imagine one morning you wake up and are drinking coffee in your new kitchen with the finest European appliances accompanied with the deepest deep blue granite with beautiful custom tile floors. You begin to think that you perhaps may have spent a little too much money on the kitchen, however, you’ve done your research… Read More »
Avoid Unenforceable Construction Liens
Florida law permits contractors to file a claim against a property for work completed or for services furnished for which payment has not been made. The law is a rigorous one with strict filing deadlines and notice requirements. Contractors who do not follow the timing and notice requirements may be headed for forfeiture of… Read More »
OSHA Enforcement and Florida State Construction Safety Laws
Construction is one of the most dangerous occupations. Workers are faced with daily dangers that cover a wide range of hazards including danger associated with falling items, falls, electricity, equipment, among many other hazards that are present on construction sites. The law that governs construction site safety in the United States are the federal… Read More »
