Recent Blog Posts
COVID Related Problems in Construction Law Contracts
Although technically there are no laws that require that construction or building jobs be halted, the COVID crisis—as well as some shutdowns that are currently beginning to occur again in other states—can cause problems for builders or contractors who are trying to meet deadlines on construction sites. Are you, as a builder or contractor,… Read More »
More Common Construction Contractual Terms That Can Cause Problems
A while back, we wrote about common terms in construction law contracts that contractors, builders, or owners entering into construction law contracts, should be aware of. Let’s take a look at other provisions, which are standard in almost every kind of contract—so standard, that many people overlook or ignore them, even though they can… Read More »
Fraudulent Construction Liens in Florida
According to the National Commercial Real Estate Development Association (NAIOP), Florida ranked 6th in 2019 in commercial construction spending. With the instability that the pandemic has brought in 2020, many projects have been put on hold or have been changed, leaving the parties in payment disputes. What is a Construction Lien? The term mechanic’s… Read More »
Betterment and Reasonability in Construction Law Contracts
As a general rule, when there is a breach of contract action, a party that has been injured by a breach, must receive the “benefit of the bargain”—that is, the party can receive whatever benefit it would have gotten had the contract been performed. However, a party is not supposed to benefit, or get… Read More »
Common Contractual Terms That Can Create Big Problems
If you enter into a construction contract, it can be easy to focus on the construction related terms and conditions, and give short notice to the more legal aspects of the contract. Some terms are used over and over again in construction law contracts, yet builders often overlook these provisions. Here are some common… Read More »
Substantial Completion Doctrine in Florida
Under contract law principles, payment for performance is due when there is complete performance. In the area of construction, the substantial completion doctrine has been adopted to cure the woes of achieving what would otherwise be deemed perfect performance. Substantial completion affects parties’ payments, obligations, and time limitations in an attempt to limit unnecessary… Read More »
Watch Time Deadlines for Suing Under Construction Contracts
When you think of statutes of limitations—the time limit you have to file a lawsuit—usually, civil, business, or injury claims are the first kinds of claims that come into your mind. But construction related cases and claims also have time limits, which, if not followed, can result in the loss of the ability to… Read More »
Using Verbal Agreements to Modify Written Construction Contracts
As a smart business person, and someone experienced in construction projects, you likely know enough about construction law to figure out that it’s best that your contracts be in writing. That’s not to say that oral agreements are never enforceable–they often are–but because of the complexity and nature of the construction industry, a written… Read More »
Is an Expert Witness Needed to Interpret Building Codes?
In almost every legal field, experts are vital to proving or defending a case. This is also true in construction law, where, as you can imagine, there are often highly technical construction related factual scenarios that a judge or jury must understand. Certainly, the average lay witness would not have enough expertise to testify… Read More »
Arbitration Clauses Should be Broad
If you enter into construction contracts, you may have or want to enforce arbitration provisions in your construction contracts. But how broad are arbitration provisions? Do they cover all claims that arise between a builder and other parties, or only the kinds of claims specified in the construction contract? Builder Tries to Enforce Arbitration… Read More »
