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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Kirwin Norris, P.A. Blogs

Florida Construction Legal Updates

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David Adelstein

Latest from Kirwin Norris, P.A.

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When a contractor is staring down the barrel of an owner’s assessment of liquidated damages, the burden will fall on the contractor to establish that the delay was attributable to the owner and the owner’s agents.  The contractor will want to do this not only to defeat the assessment of liquidated damages, but because it will want to establish that the delay caused it to incur extended field overhead (general conditions) for which the owner…
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The opinion in Westchester Fire Ins. Co, LLC v. Kesoki Painting, LLC, 260 So.3d 546 (Fla. 3d DCA 2018) leads to a worthy discussion because it involves a common scope of work occurrence on construction projects involving a general contractor and subcontractor.  The contractor submits a subcontractor’s change order request to the owner and the owner rejects the change order.   What happens next is a scope of work payment dispute between the general contractor…
The opinion in Westchester Fire Ins. Co, LLC v. Kesoki Painting, LLC, 260 So.3d 546 (Fla. 3d DCA 2018) leads to a worthy discussion because it involves a common scope of work occurrence on construction projects involving a general contractor and subcontractor.  The contractor submits a subcontractor’s change order request to the owner and the owner rejects the change order.   What happens next is a scope of work payment dispute between the general contractor…
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Mark this on your calendar – beginning on October 1, 2019 subcontractors and suppliers (e.g., claimants/lienors) serving a notice of nonpayment to preserve rights under a payment bond must now do so under oath. But, that is not all. The notice of nonpayment form will now require the claimant to attest, as follows, in the new notice of nonpayment form: Notice of Nonpayment To: (Name of Contractor and address)(Name of Surety and address) The undersigned…
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The proper venue for a Miller Act payment bond claim is “in the United States District Court for any district in which the contract was to be performed and executed, regardless of the amount in controversy.” 40 U.S.C. s. 3133(b)(3)(B). Well, there are a number of federal construction projects that take place outside of the United States.  For these projects, where is the correct venue to sue a Miller Act payment bond if there is…
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An exculpatory clause in a contract is a clause aimed at relieving another party from certain liability. A disclaimer and insulation from liability.   Obviously, if you are the party relieving the other party from liability, you want to consider this risk including the potential enforceability of this risk if something goes wrong.  If you are the party asking for the insulation from liability, you do not want to create an exculpatory provision that disclaims and…
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Arbitrarily guessing as to your construction damages is NOT the best approach.  Sure, experts can be costly.  No doubt about it.  Having an expert versus guessing as to your construction damages caused by another party’s breach of contract is a no brainer.  Engage an expert or, at a minimum, be in a position to competently testify as to your damages caused by another party’s breach of contract.  Otherwise, the guessing is not going to get…
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If you are dealing with latent construction defects, it is imperative that you consult with counsel to understand your rights.  This not only includes claims for property damage stemming from latent construction defects, but also personal injury stemming from such defects.  There is a ten-year statute of repose to sue for latent construction defects. See Fla.Stat. s. 95.11(3)(c).  After the expiration of this statute of repose you are out of luck, meaning you can no longer sue.…
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If you are dealing with latent construction defects, it is imperative that you consult with counsel to understand your rights.  This not only includes claims for property damage stemming from latent construction defects, but also personal injury stemming from such defects.  There is a ten-year statute of repose to sue for latent construction defects. See Fla.Stat. s. 95.11(3)(c).  After the expiration of this statute of repose you are out of luck, meaning you can no longer sue.…
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“Claims-made policies are common in the professional liability insurance market. They “differ from traditional ‘occurrence’-based policies primarily based upon the scope of the risk against which they insure.” With claims-made policies, coverage is provided only where the act giving rise to coverage “is discovered and brought to the attention of the insurance company during the period of the policy.” In contrast, coverage is provided under an occurrence-based policy if the act giving rise to coverage “occurred during…