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Category Archives: Construction Law

Construction6

There Is A Private Right To Sue For Building Code Violations

By Sweeney Law, PA |

Anybody in the construction industry likely knows that whenever you complete a project, you must comply with the Florida building code. You may have also already known that if you don’t the state can levy fines or other penalties. But did you know that there is a private right of action—that is, that the… Read More »

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ConsContract3

Can You Lien Marital Property When Only One Spouse Signs A Construction Contract?

By Sweeney Law, PA |

Florida has very strong laws that protect property that is owned by a married couple, jointly. That’s called tenancy by the entireties (TBE), and as a general rule, a creditor cannot collect, levy on, or take, assets or property that are owned by a couple, to collect on debt that is owed by one… Read More »

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ConstructionInsurance

Understanding Exclusions In Your General Liability Policy

By Sweeney Law, PA |

A general commercial liability (GCL) insurance policy is vital for any company in the construction industry. It can protect your construction company against devastating and expensive lawsuits. But getting a GCL policy is only part of the battle. The other part is understanding what your GCL policy does and does not cover. There’s nothing… Read More »

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Contract9

What Is A Coblentz Agreement?

By Sweeney Law, PA |

Let’s say that you are sued by another company or person. You have insurance, usually inc construction, a General Liability Policy, and you give the claim to the insurance company. The insurance company alleges that there is no coverage, or that an exclusion applies, which means that there is no coverage. The other side… Read More »

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ConstructionMaterials

Dealing With Fluctuations In The Cost Of Raw Materials

By Sweeney Law, PA |

When you enter into a contract, before you sign, you are supposed to weigh the pros and cons, and consider the risks inherent in the deal. If there are risks, those risks should be addressed. You should know in advance what you stand to gain and lose under the terms of the deal. Usually,… Read More »

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ConstructionPlans

When Change Is Too Much Change: The Cardinal Change Doctrine

By Sweeney Law, PA |

We all know that when it comes to construction, things don’t always go as planned. Changes happen, delays, price fluctuations, and change orders can all throw an otherwise orderly, well planned out job, into chaos. But overall, the fundamental, core purpose of the contract doesn’t change. Or does it? In fact, it can, and… Read More »

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ConstructionLawContract

Diminution In Value As Damages In Construction Law Cases

By Sweeney Law, PA |

Let’s say that a construction project is not built according to the contract. When that happens, sometimes revisions can be made, or extra work can be done, to bring the structure up to the level it was supposed to be under the terms of the agreement. But other times, simply revisions can’t be made…. Read More »

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ConstContract2

Yes, You Can Enforce An Oral Promise

By Sweeney Law, PA |

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 »

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ConstructionDispute

Can A Project Neutral Assist You In Resolving Construction Disputes?

By Sweeney Law, PA |

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 »

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HurricanePrep

Does Your Project Have A Hurricane Emergency Plan?

By Sweeney Law, PA |

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 »

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