Category Archives: Construction Law
An Overview of Construction Contract Warranties
Warranties are ubiquitous in all contracts. In short, warranties are promises or assurances regarding the deliverables of the contract. Warranties can come in the form of clear and precise words of assurances listed in the contract terms. These are called express contract term—they are expressly written into the body of the contract. Alternatively, implied… Read More »
New Florida Cell Phone Law: Enforcement Issues and its Effects on Liability Claims on Construction Sites
On July 1st, 2019, a new Florida law went into effect banning the use of handheld devices in construction zones. The device usage law was just one of the many laws that went into effect on that day. With this law, Florida is one of the last few states to prohibit texting while driving. … Read More »
Construction Defects and Florida Statutes Chapter 558
The Florida legislature has found that there are out of court methods that are beneficial to resolving construction defect disputes. These methods increase judicial economy and reduce the amount of defect cases that come through the courts. This administrative means of resolving defect issues also ensures that the process is speedy for the parties… Read More »
Rights & Obligations Under Florida’s Workers’ Compensation Law
Florida’s workers’ compensation law be interpreted to ensure the speedy and efficient delivery of disability and medical benefits to an injured worker and to aid the worker’s return to gainful reemployment at a reasonable cost to the employer. The law governing Florida’s workers’ compensation insurance law is listed under Chapter 440 of the Florida… Read More »
Essential Terms for a Subcontractor Agreement
Prime contractors often cannot carry out their work without the help of other construction companies who have the needed expertise of a project. A prime contractor who does not have the manpower or expertise to install an electrical system in a new building structure will need to hire a subcontractor to fulfill this need…. Read More »
How to Win a Scope of Work Contract Dispute
Given the complex nature of construction contracts, disputes are commonplace in the contractual relationship. One area that is often the basis of dispute is the scope of work provision in the contract. Scope of work describes, with specificity, what is expected from the contractor and it is used as a tool for the construction… Read More »
The Legal Consequences of Failing to Check Utility Lines
All new building construction projects require some sort of excavation to set the foundation for the building. Excavation requires digging beneath the earth’s surface to accomplish the task. Contractors and owners who are engaged in such a construction project must ensure that they are aware of the utility lines that lie below the surface…. Read More »
The Essentials of Performance Bonds
There is inherent risk in being the client of a contractor who has promised to complete a construction job by a certain date and time. The client is reliant on the contractual terms of the construction agreement and their past performance or knowledge of the construction company in the industry. There needs to be… Read More »
Change Orders in Florida Construction Projects
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 »
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 »
