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Author Archives: Jay Butchko

Construction6

Common Areas Of Dispute In Construction Law Contracts

By Sweeney Law, PA |

There used to be a commercial that said “knowing is half the battle.” The same holds true in construction law contracts. Knowing some of the most common sources of disputes and lawsuits, can help you avoid these problems in the future. Site Condition Problems – Construction contracts are drafted with some base assumptions, one… Read More »

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ConstructionTable

Florida Expands The Apex Doctrine

By Sweeney Law, PA |

The Florida Supreme Court has made a ruling that could potentially affect your construction company if it is involved in lawsuits or litigation. This is especially true if you are a high ranking owner, or manager, of the company. Can’t Depose The Person at the Top For a long time, the law said that… Read More »

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ConstructionMoney

Subcontractors: Why You’re Not Getting Paid And What To Do About It

By Sweeney Law, PA |

If you are a subcontractor on a construction project, cash flow is your lifeblood. You simply cannot afford to be in business if you aren’t paid, and often, not getting paid on a single job can send you into a financial spiral. Why You May Not be Getting Paid If you are a subcontractor… Read More »

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ConstructionSite

Stop Work Orders: What Are They, And How To Deal With Them

By Sweeney Law, PA |

The point of most construction projects is to finish the job, and to do so as quickly as possible, while maintaining quality and contractual standards. That’s why it may seem a bit odd that many construction contracts have provisions that allow and often require the contractor to actually stop working on the project. Stop… Read More »

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ConstructionLawContract2

Where Can You Sue And Be Sued? These Contractual Provisions Matter

By Sweeney Law, PA |

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 »

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ConstLiti

What Is Termination For Convenience?

By Sweeney Law, PA |

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 »

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ConstrContract

What Is Substantial Compliance And Why Should You Care?

By Sweeney Law, PA |

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 »

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Legal4

Penalties Get Harsher For Those Who Don’t Pay

By Sweeney Law, PA |

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 »

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brendan-a-sweeney

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

By Sweeney Law, PA |

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 »

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ConstructionPlans2

Change Orders: Inevitable…But Also, Sometimes Avoidable

By Sweeney Law, PA |

Of everything that can happen during a construction project, one thing that causes the most conflict, and which leads to litigation most frequently, are change orders. The best advice to avoid the problem is to avoid change orders at all, but that’s like saying to avoid being cold in the winter; change orders are… Read More »

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