Category Archives: Construction Law
Waivers of Subrogation
Subrogation clauses are commonplace in construction contracts. These terms are a safe harbor for insurance companies who want to recover for policy dollars paid out as a result of injury, property damage and any other kinds of loss stemming from a construction project. These agreements are often between the insurance company and the prime… Read More »
WHAT IS A CHANGE ORDER IN A CONSTRUCTION PROJECT?
When negotiating a construction contract, it is often difficult for the parties to absolutely define the scope of the work that is to be completed. These types of agreements are frequently altered during performance of the project. This is accomplished through a process commonly referred to as a ‘change order’. A change order is… Read More »
When Construction Work Becomes a Nuisance
Construction work is inherently noisy and interfering. Depending on the circumstances, individuals who are residing in close proximity to construction work may have a legal claim for such interferences. State and local officials utilize the permitting system to regulate many aspects of construction work to reduce the chances of interference with another’s use and… Read More »
Federal Mandates Requiring Strict Contractor Compliance
Contractors must consider the legal obligations they owe to varying parties when commencing a construction project. They have a responsibility to the owner of the project, the workers including all subcontractors, and to the public–in the local sense and at-large. There are environmental considerations as well as utility, zoning, and permitting considerations. The larger… Read More »
Legal Recourse for Non-Payment in Construction
Contractors and subcontractors alike face issues with nonpayment and account receivables during a construction project. A nonpayment issue can quickly turn into a legal one, which can cause work stoppage and it can create additional costs. There are a number of avenues for legal recourse when an owner or subcontractor is not fulfilling their… Read More »
Implied Warranties and the Spearin Doctrine
Contractors are held to an unspoken standard for their workmanship. These standards are not stated explicitly in contract, however, they are general sets of rules that the contractor guarantees to the owners of the construction project. There are a number of warranties that can become implied into a construction contract including the warranty of… Read More »
CONSTRUCTION LIENS AGAINST CONDOMINIUM PROPERTIES IN FLORIDA
One of the most peculiar but import aspects of practicing construction law in Florida is familiarization with the state’s lien laws. Florida Lien Law, Fla. Stat. § 713 with Fla. Stat. § 718.121(2), specifies that a construction lien based on labor performed on or materials furnished to common elements, when such contract work was… Read More »
Legal Tips for a Successful Construction Project
Contractors who take on projects have a huge responsibility to ensure that all aspects comport with federal, state and local laws. In addition, contractors and their attorneys must remain apprised of laws and other legalities that will affect the project during all stages. Contractors must also know how certain legal decisions will affect the… Read More »
Latent Construction Defects and Florida’s Statute of Repose
Generally, there is a 4 year statute of limitation period to file a complaint for defects where it concerns the construction of real property. This statute of limitation applies to defects that are discoverable. However, Florida Statute 95.11 provides a statute of repose period for latent defects actions. These are defects that are not… Read More »
WHY YOU SHOULDN’T PREPARE A CONSTRUCTION CLAIM OF LIEN YOURSELF IN FLORIDA
Payment problems are an unfortunate truth in the construction industry, and nearly every contractor or supplier has faced a payment issue in some form or another. Several look to construction liens to protect themselves. And why not? Construction liens are an effective tool to safeguard one’s right to payment. The problem, though, is that… Read More »
