Category Archives: Construction Law
Pros and Cons of an Arbitration Clause in a Construction Contract
Alternative dispute resolution as a means to settle construction-related contract claims is now commonplace. This is especially the case for parties who frequently contract. The pressures of a full court case may contribute to the breaking apart of a business relationship. Those who value the possibility of an ongoing relationship may agree to arbitration… Read More »
Key Construction Contract Terms
Construction contracts have certain key terms that are constants. For example, most construction contracts have boilerplate terms that are a mainstay in the construction industry. These terms encompass agreements that are typical in the construction industry and refer to standardized methods and procedures. Arbitration terms are also a constant in today’s construction contracts. These… Read More »
The Legal Stages of Construction Bidding
Construction bidding is the process of submitting a construction proposal to oversee or manage the overseeing of a construction project. In the case of state or federal government processes, there is a formal bidding process. The bidding process is overseen by the governmental entity that is making the solicitation. There are a few major… Read More »
Avoiding Legal Pitfalls as a General Contractor
Running a project as a general contractor is usually a large undertaking. It is also a huge legal undertaking that requires significant knowledge to avoid legal pitfalls. Contractors should not risk the possible legal pitfalls that come along with overseeing and providing servicing on a construction project. Seek Legal Review All Contracts Not all… Read More »
Construction Related Falls Increase in Recent Years
In 2017, NBC News reported nearly 900 fatal job-related falls. In August 2018, a man slipped and fell two stories in south Florida, landing on rock below a building. He lost his life about an hour after the incident. According to a sheriff’s report, the man had unclipped his safety harness shortly before the… Read More »
The “Good Workmanship” Standard
In the construction industry, there are set standards of quality that must be met when a structure is being built or a system is being designed. Without these standards of quality, the work performed will vastly vary in quality from one construction project to the next. The standards also ensure that safety and public… Read More »
TERMINATION FOR CONVENIENCE IN FLORIDA CONSTRUCTION PROJECTS
Below is a general scenario/discussion that happens way too often in construction projects throughout Florida: Owner to Contractor: You are fired, you no longer can work on this project at all. Pickup all of your equipment and leave ASAP. Contractor to Owner: You can’t do this to me, I have an agreement with you,… Read More »
Three Instances in a Construction Project Where Legal Input is Invaluable
Seasoned general contractors who often run construction projects can become desensitized to the legalities of the construction process. Much of construction is legal given the costliness, time investment, and permanence of the business. The end user is always a human being whose safety and health should be ensured. The legalistic nature of construction projects… Read More »
OSHP: Ensuring Worker Safety on Florida’s Construction Sites
General contractors in Florida are required to follow two regulating bodies when it comes to workplace health and safety standards. The Occupational Health and Safety Administration, also known as OSHA, is the federal regulating body that sets standards and ensures that employers are protecting their employees (i.e., construction workers) from workplace hazards. However, state-based… Read More »
Avoid These Mistakes When Filing a Mechanic’s Lien
Florida law permits general contractors, laborers, subcontractors, and suppliers to claim interest in a property they have worked on, but have failed to receive due payment. A mechanic lien places a security interest on the property for the payment owed. That interest may be acquired to recuperate the payment for the work performed or… Read More »
