Recent Blog Posts
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 »
Special Laws Govern Construction Related Venue Provisions in Contracts
In a business or a construction contract, your agreements may look like they have covered all the bases. But have you thought of where a lawsuit would be filed, if your construction contracts need to be enforced (or where a lawsuit would be filed, if it was filed against you)? This question may be… Read More »
Attorney Brendan A. Sweeney of Sweeney Law, P.A. Featured in the October Edition of the Broward County Bar Barrister – Florida Commercial Leases and the Effects of Force Majeure Clauses in the Era of COVID-19
Our country is experiencing one of the most unprecedented events in modern history. Businesses throughout the country and Florida are feeling the economic impacts as governmental regulations, aimed at curbing the spread of COVID-19, have made it difficult to continue normal operations. This economic turmoil has business owners asking one common question: “If my… Read More »
Avoiding Permitting Violations
If you are a contractor, you probably are aware of the permits that you need to obtain and keep current, in order to keep working and practicing in Florida. However, it may be helpful to have a more complete and accurate understanding of what is required of you. The Permitting Requirements Vary The Florida… Read More »
