Category Archives: Construction Law
What Subcontractors Should Know Before Signing a Master Services Agreement
Master services agreements have become common in the construction industry, especially when a general contractor works with the same subcontractor on multiple projects. Instead of negotiating a full contract for every job, the parties sign one overarching agreement that governs the relationship, and individual work orders or task orders cover the specifics of each… Read More »
Retainage Rules Every South Florida Subcontractor Should Know
If you’re a subcontractor working on a project in Broward, Palm Beach, or Miami-Dade County, you’ve probably run into retainage. It’s the portion of your payment that gets held back until the job, or a phase of it, is finished. It’s meant to give owners and general contractors some leverage to make sure work… Read More »
Mechanics Liens and Mortgages: Which Lien Gets Paid First?
If you are in the construction field, you have a unique advantage, when it comes to ensuring that you get paid for the work that you do: you have the ability to put a mechanics lien on the property that you did work on or for, and even, if necessary, the ability to foreclose… Read More »
Change Orders: What Are They?
In a normal contract, there is very little room for changes, after the contract is finalized. The parties are expected to have anticipated any unforeseen circumstances, and accounted and bargained for them in the agreement. If circumstances don’t turn out to be what you thought they were, you are nonetheless bound by the terms… Read More »
Renting Property? You Should Know About the Right to Quiet Enjoyment
If you own property and you rent it out, your tenant’s right to quiet enjoyment is something that you should be aware of because even if not specifically spelled out in the lease the right has been read to exist in almost all contracts where there is a lease of property. What is Quiet… Read More »
Leasing Commercial Property? Don’t Forget These Issues
So you bought or you own commercial property. All you have to do now is find a tenant (or a few of them), get a lease, and collect the rent, right? Well, it’s a bit more complex than that, and if you don’t account for every contingency, you could end up with legal problems… Read More »
Fort Lauderdale Learns That Construction Defects Can Happen to Anyone
When we think of construction projects that go wrong, or botched construction jobs, we perhaps think of smaller projects. Surely, a multi million government construction project wouldn’t go too far astray, with all the money at stake, and all the oversight that is involved in government construction contracts. Well, think again: things can and… Read More »
Couple Sues For Buying Land They Can’t Do Anything With
Imagine spending money – a lot of money – on your dream piece of property. Imagine the possibilities—you could build on it, develop it, create your dream home or investment property. Whatever you want. Except for one problem that you realize only after you’ve purchased it: There is no actual way to get to,… Read More »
New Law Makes it Harder to Sue for Building Code Violations
Let’s say that a builder constructs a building or a home. A purchaser buys it, lives in or uses it, and sells it. Perhaps it is bought multiple times. At some point, an owner of the property comes to a realization: something about the way the property was built is not up to applicable… Read More »
Can a Liquidated Damages Clause in Your Contract Help You?
When you draft and enter into a contract, especially one related to construction, you want to have an eye towards your damages—that is, what would you get in the event the other party to the contract didn’t fulfill their contractual obligations. Sometimes the measure of your damages in the event of a breach, is… Read More »
