Author Archives: Jay Butchko
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 »
Change Orders: Inevitable…But Also, Sometimes Avoidable
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 »
The Basics Of Construction Law Indemnity Contracts
Indemnification clauses: You see them in almost every construction law contract, and the word “indemnity” seems to arise in a number of legal areas. But what does indemnity mean? How does an indemnification clause affect your construction contract? What is Indemnity? Indemnification simply means that someone assumes responsibility for being liable for another party’s… Read More »
Materialman And Construction Lien Basics
As the name implies, a materialman is anybody that supplies construction materials to any company, contractor or subcontractor, on a construction site. As defined in the law, a materialman does not actually do any of the installation of whatever is supplied. Just like anybody in the long line of companies that provide services and… Read More »
There Is A Private Right To Sue For Building Code Violations
Anybody in the construction industry likely knows that whenever you complete a project, you must comply with the Florida building code. You may have also already known that if you don’t the state can levy fines or other penalties. But did you know that there is a private right of action—that is, that the… Read More »
Can You Lien Marital Property When Only One Spouse Signs A Construction Contract?
Florida has very strong laws that protect property that is owned by a married couple, jointly. That’s called tenancy by the entireties (TBE), and as a general rule, a creditor cannot collect, levy on, or take, assets or property that are owned by a couple, to collect on debt that is owed by one… Read More »
Understanding Exclusions In Your General Liability Policy
A general commercial liability (GCL) insurance policy is vital for any company in the construction industry. It can protect your construction company against devastating and expensive lawsuits. But getting a GCL policy is only part of the battle. The other part is understanding what your GCL policy does and does not cover. There’s nothing… Read More »
