Negotiating construction contracts is a crucial skill for contractors, design parties, and developers operating in Florida’s bustling construction industry. The ability to navigate these agreements effectively can make the difference between project success and failure. Understand the Importance of Negotiation: Effective construction contracts serve as blueprints for project success, outlining key objectives, requirements, and penalties […]
Tag Archives: Construction Law
Understanding Construction Escrow
The concept of escrow revolves around a neutral third party retaining funds until specific criteria are satisfied. When it comes to construction, escrow accounts are commonly established by financing institutions and project managers to reserve funds meant for construction endeavors. Large or small, most construction endeavors in Florida encompass multiple phases, possess inherent risks, and […]
Heatwaves and Housing: How Multifamily Buildings Can Prepare and Protect Residents
Heat events are no longer isolated occurrences; they’re becoming a norm. For multi-residential building association boards and management teams, this poses unique challenges and liabilities. Understanding Your Responsibility First and foremost, association boards and management teams have a duty to ensure the safety and welfare of their residents. This isn’t merely an ethical stance; it’s […]
The Most Common Residential Construction Disputes
Residential construction is booming right now. However, not all jobs come without some issues. Some construction disputes are legitimate, but not all of them are. It’s essential to have a construction lawyer representing you if you experience a situation with an unhappy customer. Some of the most common residential construction disputes are: Poor Work […]
Construction Law: What Contractors, Subcontractors, and Suppliers Must Know
Construction laws can be very complex. The U.S. Census Bureau reports that construction work totals $1.7 trillion annually. Construction is a massive focus of our economy, and it’s essential for anyone involved to understand how these laws might affect their project. What is Construction Law? Construction law encompasses the laws, regulations, and ordinances that […]
What Does a Construction Lawyer Do, and When Do I Need One?
Regardless of the size of the construction project, problems can arise and quickly complicate things. It’s essential to rely on a trusted construction lawyer to ensure that the process is smooth all the way to the finish. What Does a Construction Lawyer Do? Construction attorneys are experienced in all facets of construction law and […]
How to Resolve Construction Disputes
With any type of construction project, disputes are always possible. These issues can arise for various reasons, and you need to know how to resolve them quickly and painlessly as possible. Reasons for Construction Disputes Many of the parties involved in construction disputes don’t fully understand construction law and don’t know how to navigate […]
Liability for Construction Site Accidents in Florida
Liability for Construction Site Accidents in Florida Construction site accidents are common and can devastate the injured person with ongoing pain, long-term disabilities, and financial issues due to lost wages. Liability for construction site accidents can be complex. Factors that Contribute to Construction Site Accidents Surprisingly, most workplace accidents occur on construction sites. Construction […]
5 Things to Keep in Mind When Negotiating a Construction Contract
Before beginning a construction project, it’s imperative to craft an ironclad contract that protects all parties. Some things to keep in mind when negotiating a construction contract are: Timeline The timeline for the project is a serious concern. If you are the project owner, you have to ask yourself, is there a specific date […]
Resolution to Payment Disputes in Construction Projects
Construction projects often come with unexpected delays, performance issues, and sometimes payment disputes. As the contractor or developer, it’s imperative to deal with payment disputes before the project begins. You can do so by adding specific provisions and protections in the contract to address payment issues before any arise. Mitigating Payment Issues Everyone involved […]
Tips For Associations Planning Large Repair And Construction Projects
Maintaining the association’s common elements is one of the primary responsibilities – – and headaches – – for associations and their Board of Directors. The duty is so important, in fact, it comes up multiple times in the Condominium Act (Florida Statute Section 718.111(4) to maintain, repair, lease, and replace the common elements; Section 718.111(3) […]
Building Codes 101
One basic requirement for every new construction project and every 40-year recertification in the State of Florida is that the design and construction must comply with the Florida Building Code. Another requirement is that the construction must pass inspections by the local building official. In order for any high-rise building to pass inspection (and for […]
Who Is Responsible for Construction Defects?
One of the most critical questions to answer after the discovery of a construction defect is who is responsible for the damage? That may not be a quick or easy thing to determine. What Can Go Wrong with a Construction Project Many things can go wrong on a construction project ranging from bad design, […]
Construction Liens 101
Although you may have heard of a construction lien, not everyone knows about the ins and outs, what they are for and how they work. What is a Construction Lien? A construction lien (also called a mechanic’s lien) is a legal tool used by individuals and companies when a property owner fails to pay […]
Developer Liability for Building Code Violations Under Section 553.84, Florida Statutes
Among the numerous causes of action available to construction defect plaintiffs in the State of Florida, there is Florida Statute Section 553.84, which creates a statutory cause of action for owners based on violations of the Florida Building Code against parties who “committed” the violation. Defering Responsibility to Other Parties In construction defect litigation, […]
Statutory Mechanisms to Potentially Remove and Extinguish Construction Liens
A construction lien is filed against your property claiming that a contractor (or even a subcontractor hired by your contractor) was not paid for labor, services, and/or materials rendered. However, there are statutory mechanisms under Fla. Stat. §§ 713.22 and 713.24, which permit a property owner to transfer the lien to a security and […]
The Construction Industry During a Pandemic—Will there be a shift to focus on consequential damages?
Somewhat counterintuitively, consequential damages are damages which flow indirectly from a breach of contract. In a construction project, these damages are typically related to delays to the performance or completion of a project. By way of example, in the construction of a restaurant, if the project is delayed and not completed on time, the owner […]
Construction Delays & COVID 19
Construction delays are often a common dispute amongst owners, contractors, subcontractors, design professionals, and the like. The judicial system is bound to see an increase in delay damage claims given the COVID-19 pandemic and resulting government shutdowns. Having an experienced construction lawyer is critical, now more than ever, in order to (a) negotiate construction contracts […]
Don’t Love Thy Neighbor’s Construction Project Damaging Your Building? An Overview of Potential Claims and Remedies.
A new, neighboring building is being constructed, or an existing adjacent building is undergoing renovations, which poses the risk of causing, or actually causes, damage to your condominium association during the process. Here is an overview of potential damages, remedies, and solutions regarding neighboring construction issues. Damages caused by neighboring construction projects may include: […]
The Unwitting Waiver of Construction Contract Provisions
What may seem to be an iron clad construction contract provision, may not turn out to be that way in practice–it may depend on the performance of the parties to the contract. Construction project owners need to be aware that courts of law may interpret certain actions or inactions by an owner as constituting a […]
Indemnification for Construction Claims: 101
Some of the most common questions posed to a construction law attorney are concerning indemnification clauses in construction contracts. Indemnification is critical in construction projects, as it limits liability and minimizes risk. While there are multiple avenues to pass through the liability that can arise from a construction project, indemnification is likely the most commonly […]
Prompt Payment on Construction Projects
As any construction industry professional knows, payment disputes are extremely common on both private and public projects. Many times, payment occurs many months (or even years) later. Delayed payment is not only detrimental to a project running smoothly and finishing on time, but it also causes general contractors and subcontractors financial hardship while they balance […]
Is a Construction Defect Plaintiff Entitled to Prejudgment Interest for Unrepaired Defects?
What is Prejudgment Interest? Prejudgment interest is a type of compensation payable to the plaintiff from the time the cause of action accrues until the time of the final judgment. Under Florida law, prejudgment interest is merely another element of pecuniary damages that is intended to make the prevailing party whole from the date of […]