Category Archives: Construction Law
How Arbitration Clauses Work in Florida Construction Contracts
Buried in the back pages of many construction contracts sits a short paragraph that can decide where, how, and in front of whom your next dispute is heard. Arbitration clauses rarely get much attention when the project is new and everyone is getting along. They get a great deal of attention once a payment… Read More »
Differing Site Conditions Claims: What Contractors Need to Prove
Every contractor has a story about the ground that did not match the plans. You price a job from the soil report and site drawings, break ground, and hit buried debris, groundwater, or solid rock that nobody mentioned. Suddenly the schedule slips and the budget bleeds. A differing site conditions claim is how a… Read More »
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 »
