Monthly Archives: October 2021
Where Can You Sue And Be Sued? These Contractual Provisions Matter
So, you have drafted your construction contract, and it looks like you’ve covered all your bases. You even have damages provisions, so if you have to sue to enforce your agreement, you can. But where will you sue? Do you know all the contractual provisions that can affect where you can sue—or where you… Read More »
What Is Termination For Convenience?
Let’s imagine that you are a subcontractor and I am a general contractor and we have a construction contract. I contract with you and hire you to do some electrical work on my project. But in the contract you agree that if I find someone else who will do the electrical work cheaper, or… Read More »
What Is Substantial Compliance And Why Should You Care?
The words “almost,” “pretty close” or “close enough” aren’t generally positive things when talking about normal activities. You wouldn’t think they would be acceptable things in the world of construction law either. But believe it or not, there is a “good enough” defense when it comes to contractual claims, and the words are often… Read More »
Penalties Get Harsher For Those Who Don’t Pay
Failing to pay money when it is owed is bad enough. But now, new laws in Florida are increasing the penalties for failing to pay money owed for construction related projects. The laws apply to any contracts that are executed on or after July 1, 2021. Increased Interest Rates For public construction projects, where… Read More »
Attorney Brendan A. Sweeney Of Sweeney Law, P.A. Featured In The Sept/Oct 2021 Edition Of The Broward County Bar Barrister – SANCTIONS PURSUANT TO SECTION 57.105, FLORIDA STATUTES
The word sanction and threat of sanctions are way too commonplace in litigation today. Rarely does a week go by where an opposing counsel isn’t threatening sanctions over what is usually a minor issue in an action. Just this week, I was working on a settlement agreement in a highly contested matter that has… Read More »