Recent Blog Posts
The Law Governing Latent Construction Defects
Defects in construction are usually seen and discoverable by the owner who has received the deliverable. These defects are clear to the naked eye or they are discoverable after some technical investigation. As such, the statute of limitations begins to run when the defect is discovered for the purposes of making a claim. However,… Read More »
POST-OCCUPANCY AGREEMENTS IN FLORIDA
Occasionally, the date on which buyer and seller have agreed to close on may not exactly align with the desired timeline of the parties. Usually, buyers wish to occupy the property right after closing. However, sometimes, if the home is located in a desirable location and priced well, a buyer may agree to the… Read More »
Florida Construction Worker Failed to Establish Workers’ Compensation Claim
Construction work can be dangerous. It comes as no surprise, therefore, that reports of accidents and injuries are not uncommon when it comes to construction projects. Even this early in the year, news outlets contain reports of construction related injuries that have occurred in Florida in 2020. In South Florida, for example, a construction… Read More »
FLORIDA’S NOTICE OF COMMENCEMENT
A Notice of Commencement is a document that officially establishes the beginning date of a project, or the date on which a supplier first afforded materials or labor. It is filed and recorded in the requisite local or state office in the county in which the project is situated, and usually must be provided… Read More »
Lower Court’s Decision to Grant Summary Judgment for Subcontractor in Breach of Contract Action Reversed
Recently, the Florida District Court of Appeals, Fourth District, reversed a lower court’s decision to grant summary judgment to a subcontractor in a breach of contract action. In that case, Prime Investors & Developers v. Meridian Companies, the subcontractor was hired to install cabinets and countertops in a Miami-Dade County hotel. The District Court… Read More »
Attorney Brendan A. Sweeney of Sweeney Law, P.A. Featured in the February Edition of the Broward County Bar Barrister – THE ABC’S OF ATTORNEY’S FEES IN FLORIDA
Florida courts have accepted the “American Rule” with respect to awarding attorney’s fees to a prevailing party in litigation. The “American Rule” requires that “in the absence of legislation providing otherwise, litigants must pay their own attorney’s fees.” Simply put, attorney’s fees may usually only be awarded if the contract that is at issue allows for recovery… Read More »
Preparing for a Construction Litigation Case
Construction litigation is an involved process that requires meticulous engagement with experienced trial attorneys who will bring your case to a favorable resolution. There are a number of steps involved in the litigation process, however, given the unique industry of construction, the steps will differ and requires certain considerations that do not have the… Read More »
THE SNDA CLAUSE IN COMMERCIAL LEASING – SUBORDINATION, NON-DISTURBANCE, AND ATTORNMENT AGREEMENT
Commercial leases frequently include what is known as a subordination, non-disturbance, and attornment agreement, commonly referred to as an SNDA. SNDAs explain certain rights of the tenant, the landlord, and associated third parties, such as the landlord’s lender or a purchaser of the property. There are three components to an SNDA: the subordination clause, the… Read More »
Types of Construction-Related Litigation Damages
Construction litigation is a complex process that parties will try to avoid if their needs can be met through other dispute resolution means. However, that is not always the case. Instead, parties including general contractors, developers, owners and subcontractors often engage in a costly legal battle when there is no other means to resolve… Read More »
CONSTRUCTION DELAYS IN FLORIDA
Construction delays, while not inevitable, are generally common. For example, weather issues can cause many construction projects to be delayed for an unspecified period of time. Regrettably, whatever the cause of the delay, work must be stopped, and with that comes a cost. Sometimes that cost is not just financial, it creates a domino… Read More »
