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/
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Florida Construction Legal Updates

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David Adelstein

Latest from Kirwin Norris, P.A.

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Many construction contracts contain a forum selection provision that requires disputes to brought in a particular jurisdiction.  A mandatory forum selection provision will use words of exclusivity, like “shall,” that unequivocally requires disputes to be brought in that jurisdiction.  On the other hand, a permissive forum selection provision will not use words of exclusivity meaning a dispute “may” be brought in that jurisdiction.  Where to file a lawsuit is an initial, important consideration.  (For a…
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When a subcontractor furnishes a payment bond, is it referred to as a common law payment bond governed by state law.  There is no federal statute (or even state statute in most jurisdictions) governing the requirements of a subcontractor’s payment bond, hence the reason it is oftentimes referred to as a common law payment bond.  This is different than a prime contractor’s payment bond which is generally governed by federal or state-specific statutes. In an…
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Common law indemnity is not an easy claim to prove as the one seeking common law indemnity MUST be without fault: Indemnity is a right which inures to one who discharges a duty owed by him, but which, as between himself and another, should have been discharged by the other and is allowable only where the whole fault is in the one against whom indemnity is sought. It shifts the entire loss from one who, although without…
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Common law indemnity is not an easy claim to prove as the one seeking common law indemnity MUST be without fault: Indemnity is a right which inures to one who discharges a duty owed by him, but which, as between himself and another, should have been discharged by the other and is allowable only where the whole fault is in the one against whom indemnity is sought. It shifts the entire loss from one who, although without…
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The definition of “concurrent delay” seems simple, but it can give rise to thorny issues including misunderstandings, not truly digging into the causes of the alleged concurrent delay, and the lack of apportionment of the concurrent delay period.   This is why when dealing with any delay it is good practice to work with a scheduling consultant in conjunction with counsel that understands how to best prosecute or defend against delay-related claims.   This includes…
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A construction lien foreclosure action is an action against the real property and MUST be brought in the county where the property is located. It is an action concerning subject matter jurisdiction (the jurisdiction of the court to hear the matter) and, thus, can be raised at any time in a proceeding.  If you are looking to foreclose a construction lien, please make sure 1) the lien is recorded in the right jurisdiction and 2)…
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Under the Contract Disputes Act (41 USC 7101 en seq.), when a contractor submits a claim to the government in excess of $100,000, the claim MUST contain a certification of good faith, as follows: For claims of more than $100,000 made by a contractor, the contractor shall certify that– (A) the claim is made in good faith; (B) the supporting data are accurate and complete to the best of the contractor’s knowledge and belief; (C) the amount requested…
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In previous articles, I discussed Florida’s Deceptive and Unfair Trade Practices Act referred to as “FDUTPA”…but, it has been awhile.  (For more information on FDUTPA, check here and here.)  Now is as good of a time as any to discuss it again because FDUTPA provides a private cause of action and, perhaps, there may be a consideration as to whether such claim can be (or is) properly asserted in the context of your circumstances.…
In a recent case, Florida’s Fourth District Court of Appeal reversed a trial court’s denial of a motion for a temporary injunction sought by an employer due to an independent contractor’s violation of a non-compete and non-solicitation provision in an employment / independent contractor agreement (“employment agreement”). You can find more on this case and the enforcement of the non-compete and non-solicitation clause here. A worthy discussion in this case centers on the independent…
In a recent case, Florida’s Fourth District Court of Appeal reversed a trial court’s denial of a motion for a temporary injunction sought by an employer due to an independent contractor’s violation of a non-compete and non-solicitation provision in an employment / independent contractor agreement (“employment agreement”). You can find more on this case and the enforcement of the non-compete and non-solicitation clause here. A worthy discussion in this case centers on the independent…