Category Archives: Construction Law
Yes, You Can Enforce An Oral Promise
Can you enforce a promise in a Florida court? Despite common belief, you actually can. But there are specific requirements to do so, and problems that can arise when trying to enforce a promise. Why Rely on a Promise? Sometimes, a promise is just a contract that is never put into writing. Other times,… Read More »
Can A Project Neutral Assist You In Resolving Construction Disputes?
In many construction contracts there are alternative dispute resolution provisions. These are parts of your contractual agreements that may require you to submit to arbitration or mediation, before filing a lawsuit, or before going to trial. Whether you like these provisions or not may depend on whether you’re the party suing or being sued,… Read More »
Does Your Project Have A Hurricane Emergency Plan?
Hurricane season is upon us, and the new season is a reminder that your construction site needs to be prepared to put safety first. In addition to safety, you should be aware of the rules and regulations that may dictate how you implement your hurricane preparedness plans. Securing Property Every item on your construction… Read More »
Protect Your Company From Delay Related Claims
In the world of construction delays happen. Those delays aren’t always your fault, and they aren’t always the result of things you can anticipate or predict. The last thing that you want is to be sued, or not paid, because of delays that are out of your control. How can your construction contracts provide… Read More »
Using The Frustration Of Purpose Defense In Your Construction Law Cases
Sometimes, it becomes impossible to perform or live up to your obligations under a contract. For example, you contract to build on land, and later it turns out that land is environmentally protected. But other times, it is possible to build the project and comply with the contract, it’s just that the entire underlying… Read More »
Why The Parol Evidence Rule Can Make It Hard To Enforce Certain Agreements
How often has this happened: You discuss a construction project. You talk about, and perhaps agree on, all the details. You then get a written agreement, and execute it. Later it turns out that a lot of the things you discussed never made it into the contract. Are those discussions, which were made before… Read More »
Florida Law Gives Unpaid Subcontractors Powerful, Quick Help
Many subcontractors are smaller businesses that survive on limited margins. While nobody can survive without getting paid, certainly subcontractors have a much harder time getting by when they aren’t getting paid by the general contractor on the job. Quick, Powerful Remedies Many subcontractors are unaware that Florida Law gives them powerful remedies, when they… Read More »
Be Wary Of The Economic Waste Rule Which Limits Damages
When a construction project goes bad, the party receiving the defective or faulty project often asks for repairs, either actual repairs, or the cost of repairs. But both the party doing the construction and the party receiving it, should be aware of the often-overlooked economic waste rule. What is the Economic Waste Rule? The… Read More »
Who Is Responsible For Weather-Related Construction Project Delays?
Your construction project is on track and you will certainly meet your contractual deadlines. You’ve planned for just about any contingency. And then it happens: Weather. Not just any weather, but the kind that throws the project into doubt, or even the kind that just throws your tight completion schedule askew. What then? Who… Read More »
What Is The Duty To Mitigate?
In the world of contract law, but especially construction law, there is an obligation on all parties to mitigate their damages. In plain terms this means that even if a breach causes you financial injury, it is on you to make sure that the damages (losses) that you suffer aren’t made even worse. If… Read More »
