When a party is preserving their construction lien rights, the party will look to the recorded Notice of Commencement. This is the recorded document that provides the lienor with the information for purposes of preserving construction lien rights. A Notice
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.
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Latest from Kirwin Norris, P.A. - Page 2
DOCTRINE OF SUBSTANTIAL PERFORMANCE WHEN IT COMES TO PAYMENT
A recent non-construction case touches upon the doctrine of substantial performance when it comes to payment. In this case, a club was to make two payments to secure a rapper’s attendance. The first payment was made. The second payment was…
SETTLEMENT AGREEMENTS AND CONTRACTS REQUIRE A MEETING OF THE MINDS
A settlement agreement does not need to be executed for it to be enforceable as long as there was a MEETING OF THE MINDS. The same rings true for any contract regardless of whether the contract is signed – THERE…
TREND CONTINUES WHERE UNLICENSED CONTRACTORS HAVE NO RECOURSE
There’s been a recent trend in Florida case law that has figuratively “killed” unlicensed contractors. Here’s another one. The moral to this trend and case is simple: make sure you have the proper licenses prior to serving as a contractor…
CONDITIONAL PAYMENT BOND CONSIDERATION-MAKE SURE THERE IS PAY-IF-PAID PROVISION
If a general contractor is going to have a conditional payment bond, it needs to ensure it subcontracts contain pay-if-paid or pay-when-paid provisions. This conditional payment language in subcontracts is the general contractor’s defense that it doesn’t have to pay…
CONSIDER THE LIMITED WARRANTY FROM YOUR HOMEBUILDER
When purchasing a home from a homebuilder, there is an important consideration when it comes to the limited warranty you receive around the time you close on the home. That limited warranty likely includes an arbitration provision requiring you to
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PRESUMPTION OF PREJUDICE APPLIES TO ALL AFFIRMATIVE DEFENSES REGARDING INSURED’S FAILURE TO COMPLY WITH POST-LOSS POLICY CONDITIONS
In a recent property insurance coverage dispute, an issue on appeal pertained to the “prejudice” jury instruction associated with the insured’s failure to comply with post-loss policy conditions. The trial court found that the prejudice only pertained to prompt notice…
BONA FIDE DISPUTE DEFEATS VIOLATION OF PROMPT PAYMENT ACT
Most, if not all, jurisdictions, including the federal government, have what is known as a “Prompt Payment Act.” The objective is to ensure prompt payment. If prompt payment is not made, the Prompt Payment Act provides for interest penalties, as…
ARE “FINANCIAL HARDSHIP” DAMAGES RECOVERABLE?
In a case out of the Civilian Board of Contract Appeals, F.O.G., LLC v. Department of the Interior, CBCA 8203, 2026 WL 1191881 (CBCA 2026) a contractor claimed damages that included “financial hardship” damages due to slow payments. The financial hardship…
POTENTIAL GAP IN WORKERS COMPENSATION IMMUNITY STATUTORY FRAMEWORK
Workers compensation insurance is important. As an owner, you want to ensure the contractors you hire have workers compensation insurance. Assuming you hire a contractor that is statutorily exempt from workers compensation, you want to make sure, no exception, that…