Kirwin Norris, P.A.

We understand the needs and nuances of the construction process, the complexities of construction law, and the importance of managing and resolving issues in a timely manner to keep your project progressing on time and on budget. Should you be facing litigation, we have an enviable track record of success in state and federal courts. We have in-depth, up-to-the-moment knowledge, along with the valuable industry relationships, that can give you an advantage both on the project site and in the courtroom. Kirwin Norris’ team of dedicated attorneys is located in our Orlando and Fort Lauderdale offices.

Website: http://kirwinnorris.com/
Follow:

Kirwin Norris, P.A. Blogs

Florida Construction Legal Updates
Government Construction Law Update

Blog Authors

David Adelstein
Joseph Darr

Latest from Kirwin Norris, P.A.

https-www-floridaconstructionlegalupdates-com-wp-content-uploads-2021-02-shutterstock_354927293-jpg
A statutory bad faith claim is NOT tolled merely because the property insurer invoked the appraisal process in the property insurance policy.  Zaleski v. State Farm Florida Ins. Co., 46 Fla.L.Weekly D416b (Fla. 4th DCA 2021).  A statutory bad faith claim requires the insured to comply with Florida Statute s. 624.155 and submit a civil remedy notice with Florida’s Department of Financial Services identifying the bad faith violations.  The insurer is given sixty days to…
Construction Pay-if-Paid Clauses
Pay-if-paid clauses make a prime contractor’s payment to a subcontractor contingent on the prime contractor receiving payment from the project owner. A recent federal court case illustrates how the failure to include a pay-if-paid clause can end up with a prime contractor paying one of its subcontractors out of pocket. In Phillips and Jordan, Inc. v. McCarthy Improvement Co., a prime contractor was awarded a design-build contract for the construction of a $31 million roadway project…
https-www-floridaconstructionlegalupdates-com-wp-content-uploads-2021-02-shutterstock_1679746513-jpg
Can a subcontractor recover from a general contractor for extra-contractual work under an unjust enrichment or quantum meruit theory even though an express contract exists between the parties?   Can a general contractor recover from an owner for extra-contractual work under the same theories even though an express contract exists with the owner?    The case below answers this question in the affirmative IF the express contract does not concern the same subject matter. In the…
https-www-floridaconstructionlegalupdates-com-wp-content-uploads-2021-02-shutterstock_509811712-jpg
In subcontracts, it is not uncommon to see a provision that says something to the effect: Should any dispute arise between the parties respecting the true construction or interpretation of the Plans, Specifications and/or the Contract Requirements, the decision of the Owner or the Owner’s designated representative as set forth in the General Contract shall be final. This is a provision in a subcontract dealing with dispute resolution, typically when there is a dispute as…
https-www-floridaconstructionlegalupdates-com-wp-content-uploads-2021-02-shutterstock_177496964-jpg
When it comes to the definition of “constructive acceleration,” the case of Fraser Const. Co. v. U.S., 384 F.3d 1354 (Fed.Cir. 2004) is a cited case and contains an instructive definition, quoted below, for proving a constructive acceleration claim. In a nutshell, a constructive acceleration claim is when the contractor incurs added costs for trying to complete the contract on time when it should be provided extensions of time to perform based on…
https-www-floridaconstructionlegalupdates-com-wp-content-uploads-2019-08-images1-jpeg
It is always good practice to have construction counsel assist you with your construction contract.  This may mean drafting your contract.  This may mean negotiating your contract.  This may mean advising you as to provisions in your contract that shift risk to you.  This may mean providing red-lined suggestions to the contract.   Or, this may mean all of the above, or a combination.   The point is having construction counsel work with you will…
https-www-floridaconstructionlegalupdates-com-wp-content-uploads-2021-02-shutterstock_1698248092-jpg
If you have read prior articles (see here and here as an example), then you know that when it comes to first-party property insurance policies, an insured must comply with post-loss obligations in the policy.  Failure to comply with a post-loss obligation gives the insurer the argument that the insured materially breached the policy and, therefore, forfeited rights to coverage.  Naturally, this is avoidable by ensuring post-loss obligations are complied with, ideally under the guidance…
https-www-floridaconstructionlegalupdates-com-wp-content-uploads-2021-01-shutterstock_1793973541-jpg
In an interesting opinion, an injured employee of an electrical subcontractor sued the general contractor of a parking garage project under a premise liability theory after being injured when stepping on an uncovered floor drain at the project site.  There is no discussion in the opinion as to workers compensation immunity.  Rather, the discussion centers on the injured employee’s premise liability claim as to whether the general contractor “breached its duty to maintain the…
https-www-floridaconstructionlegalupdates-com-wp-content-uploads-2019-08-images1-jpeg
Unfortunately, the Fifth District Court of Appeals’ holding in this case did not last long.   As discussed here, the Florida Supreme Court, quashing the Fifth District’s decision, ruled that an insured cannot recover extra-contractual, consequential damages against his/her/its property insurer absent a separate bad faith claim.  This means that arguing extra-contractual damages against a property insurer claiming the damages flow from the insurer’s breach of the insurance contract are NOT going to fly…
https-www-floridaconstructionlegalupdates-com-wp-content-uploads-2021-01-shutterstock_1060905158-jpg
Prefabrication (also referred to as modular construction in instances), is a form of offsite construction where certain construction activities occur at an offsite manufacturing facility or location.  Construction components or units are preassembled (prefabricated) at this offsite location prior to being delivered to the project site and then integrated into the project. When preparing a prefabrication contract (including a prefabrication subcontract), there are a number of complex considerations that need to be weighed, and these…