Author Archives: Jay Butchko
What Is A Coblentz Agreement?
Let’s say that you are sued by another company or person. You have insurance, usually inc construction, a General Liability Policy, and you give the claim to the insurance company. The insurance company alleges that there is no coverage, or that an exclusion applies, which means that there is no coverage. The other side… Read More »
Dealing With Fluctuations In The Cost Of Raw Materials
When you enter into a contract, before you sign, you are supposed to weigh the pros and cons, and consider the risks inherent in the deal. If there are risks, those risks should be addressed. You should know in advance what you stand to gain and lose under the terms of the deal. Usually,… Read More »
When Change Is Too Much Change: The Cardinal Change Doctrine
We all know that when it comes to construction, things don’t always go as planned. Changes happen, delays, price fluctuations, and change orders can all throw an otherwise orderly, well planned out job, into chaos. But overall, the fundamental, core purpose of the contract doesn’t change. Or does it? In fact, it can, and… Read More »
Diminution In Value As Damages In Construction Law Cases
Let’s say that a construction project is not built according to the contract. When that happens, sometimes revisions can be made, or extra work can be done, to bring the structure up to the level it was supposed to be under the terms of the agreement. But other times, simply revisions can’t be made…. Read More »
Yes, You Can Enforce An Oral Promise
Can you enforce a promise in a Florida court? Despite common belief, you actually can. But there are specific requirements to do so, and problems that can arise when trying to enforce a promise. Why Rely on a Promise? Sometimes, a promise is just a contract that is never put into writing. Other times,… Read More »
Can A Project Neutral Assist You In Resolving Construction Disputes?
In many construction contracts there are alternative dispute resolution provisions. These are parts of your contractual agreements that may require you to submit to arbitration or mediation, before filing a lawsuit, or before going to trial. Whether you like these provisions or not may depend on whether you’re the party suing or being sued,… Read More »
Does Your Project Have A Hurricane Emergency Plan?
Hurricane season is upon us, and the new season is a reminder that your construction site needs to be prepared to put safety first. In addition to safety, you should be aware of the rules and regulations that may dictate how you implement your hurricane preparedness plans. Securing Property Every item on your construction… Read More »
Protect Your Company From Delay Related Claims
In the world of construction delays happen. Those delays aren’t always your fault, and they aren’t always the result of things you can anticipate or predict. The last thing that you want is to be sued, or not paid, because of delays that are out of your control. How can your construction contracts provide… Read More »
Attorney Brendan A. Sweeney of Sweeney Law, P.A. Featured in the May/June 2021 Edition of the Broward County Bar Barrister – SOCIAL DISTANCING CIVIL JURY TRIALS, A DISCUSSION WITH THE HONORABLE GIUSEPPINA MIRANDA
Bottom line, jury trials are very sacred. They represent and are indicative of what a great nation the United States is, and of our invaluable constitutional protections. As Thomas Jefferson stated, “I consider trial by jury as the only anchor ever yet imagined by man, by which a government can be held to the… Read More »
Using The Frustration Of Purpose Defense In Your Construction Law Cases
Sometimes, it becomes impossible to perform or live up to your obligations under a contract. For example, you contract to build on land, and later it turns out that land is environmentally protected. But other times, it is possible to build the project and comply with the contract, it’s just that the entire underlying… Read More »
