Recent Blog Posts
WHAT IS A CHANGE ORDER IN A CONSTRUCTION PROJECT?
When negotiating a construction contract, it is often difficult for the parties to absolutely define the scope of the work that is to be completed. These types of agreements are frequently altered during performance of the project. This is accomplished through a process commonly referred to as a ‘change order’. A change order is… Read More »
When Construction Work Becomes a Nuisance
Construction work is inherently noisy and interfering. Depending on the circumstances, individuals who are residing in close proximity to construction work may have a legal claim for such interferences. State and local officials utilize the permitting system to regulate many aspects of construction work to reduce the chances of interference with another’s use and… Read More »
FLORIDA’S TIPSY COACHMAN DOCTRINE
The “tipsy coachman” doctrine displays the “well-established rule that trial court decisions are presumptively valid and should be affirmed, if correct, regardless of whether the reasons advanced are erroneous.” Vandergriff v. Vandergriff, 456 So. 2d 464, 466 (Fla. 1984). Appellate courts can, “affirm a decision from a lower tribunal that reaches the right result… Read More »
Federal Mandates Requiring Strict Contractor Compliance
Contractors must consider the legal obligations they owe to varying parties when commencing a construction project. They have a responsibility to the owner of the project, the workers including all subcontractors, and to the public–in the local sense and at-large. There are environmental considerations as well as utility, zoning, and permitting considerations. The larger… Read More »
MEDIATION IN FLORIDA
Mediation is securely rooted as a vital component of Florida’s court system. The Florida Legislature and judiciary have generated one of the most comprehensive court-connected mediation programs in the country. Over 18,000 people have completed a Supreme Court of Florida certified mediation training program, and over 5,000 people are certified by the Supreme Court of Florida… Read More »
Legal Recourse for Non-Payment in Construction
Contractors and subcontractors alike face issues with nonpayment and account receivables during a construction project. A nonpayment issue can quickly turn into a legal one, which can cause work stoppage and it can create additional costs. There are a number of avenues for legal recourse when an owner or subcontractor is not fulfilling their… Read More »
ARBITRATION IN FLORIDA
Arbitration is a form of alternative dispute resolution in which the dispute will be heard by a certified, neutral arbitrator or tribunal of neutral arbitrators. Arbitrators will hear evidence from all parties involved in a relatively informal hearing, and they will then make a binding decision to resolve the case. Arbitration is progressively being… Read More »
Implied Warranties and the Spearin Doctrine
Contractors are held to an unspoken standard for their workmanship. These standards are not stated explicitly in contract, however, they are general sets of rules that the contractor guarantees to the owners of the construction project. There are a number of warranties that can become implied into a construction contract including the warranty of… Read More »
CURRENT STATE OF THE LAW ON RINGLESS VOICEMAIL MESSAGES
On July 1st, 2018 Florida Governor Rick Scott signed into law Senate Bill 568, which plainly swept ringless voicemail technology within the state’s law. Since then recent federal court decisions such as Saunders v. Dyck O’Neal, Inc., 319 F. Supp. 3d 907 (W.D. Mich. 2018) and Schaevitz v. Braman Hyundai, Inc., No. 1:17-cv-23890-KMM, 2019… Read More »
Issues of Liability in Limited Liability Partnerships
Limited Liability Partnership is one form of entity formation under which businesses in Florida can choose to incorporate. There are many benefits to forming an LLP. However, there are some considerations as well. In essence, a limited liability partnership is a general partnership. The biggest advantage of forming a limited liability partnership as opposed… Read More »
