Author Archives: Jay Butchko
Watch Out For Waiver In Your Construction Contracts
You have a solid construction contract, and you have negotiated all the terms and conditions that you want in it. That agreement is in writing and signed, so it cannot be changed after the fact—and certainly if it were to be changed, the change would have to be in writing. That’s what most people… Read More »
Using Prior Verbal Agreements To Refute A Written Contract
So you have spoken to an owner, or someone that wants to use you or your construction company for their project. You have a whole list of understandings, and it seems that everything is ready to go. You get a written agreement and you just assume that the written agreement says everything that you… Read More »
Attorney Brendan A. Sweeney Of Sweeney Law, P.A. Featured In The December 2021 Edition Of The Broward County Bar Barrister – ITEMS TO CONSIDER DURING THE HOLIDAY SEASON
During the dead heat of August every year without fail I find myself singing the famous Byrds song “Turn! Turn! Turn! (To Everything There Is A Season.)” The reason for this is not heat exhaustion. I know that with a blink of an eye, all of a sudden, it will be the holiday season… Read More »
Managing – Or Limiting – Dreaded Change Orders
There are two words that are pretty much guaranteed to send a construction project into a tailspin: Change Orders (CO). A CO can be an addition, subtraction or modification to a project, after the project has started, and after the contracts have been negotiated. Why So Problematic? Change orders are fraught with problems. They… Read More »
Drones, Construction Projects, And Liability
So you have a large area where your new construction project is supposed to be built. As the builder, you need to get a lay of the land—an overhead view of the property, to see what will work and how, and to plan out the job site. What better way to get an overall… Read More »
Common Areas Of Dispute In Construction Law Contracts
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 »
Florida Expands The Apex Doctrine
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 »
Subcontractors: Why You’re Not Getting Paid And What To Do About It
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 »
Stop Work Orders: What Are They, And How To Deal With Them
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 »
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 »
