In the prior posting, I discussed a case dealing with a differing site condition. In that case, the owner did not have an affirmative duty to make a representation and there was no inaccurate representation made by the owner
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DIFFERING SITE CONDITIONS CLAIM REQUIRES A MISREPRESENTATION
If you are entertaining a differing site conditions claim, consider this Third District Court of Appeals case from the mid-90s.
In Hendry Corp. v. Metropolitan Dade County, 648 So.2d 140 (Fla. 3d DCA 1995), a contractor was hired
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PREFATORY CONTRACT LANGUAGE CANNOT BE USED TO CREATE AN AMBIGUITY WITH OPERATIVE PROVISIONS
Contract drafting and interpretation matters.
A case dealt with the potential conflict with prefatory language in an agreement compared with operative provisions in the agreement. The trial court held that the operative provisions control. I discussed this case here where…
ANOMALY IN ADDING A THIRD-PARTY CLAIMANT TO A LIABILITY INSURANCE COVERAGE DISPUTE
In an insurance coverage lawsuit seeking declaratory relief, an insurer sued the third-party claimant. The insurer was seeking a declaration that there was no coverage, which naturally would impact the third-party claimant. The insured did not respond to the lawsuit…
ALERT: FRAUDULENT NOTICE OF NONPAYMENT DEFENSE APPLIES TO PAYMENT BOND CLAIMS
Under Florida’s Lien Law, there’s an affirmative defense or affirmative claim known as a “fraudulent lien.” The fraudulent lien defense or claim is set out in Florida Statute s. 713.31. This defense also extends to payment bond claims,…
ONLY A CONTRACTOR CAN APPEAL A CONTRACTING OFFICER’S FINAL DECISION
A recent decision from the Civilian Board of Contract Appeals confirms that “only a ‘contractor’ may file an appeal of a contracting officer’s final decision.” Wattiker v. General Services Administration, 2026 WL 846001 (CBCA 2026) (citation omitted).
The term “contractor…
SURETY LIABILITY IS COEXTENSIVE WITH ITS BOND PRINCIPAL
A recent Miller act payment bond case, U.S. f/u/b/o Whitetail General Constructors v. Northcon, Inc., 2026 WL 46671 (D.Mont. 2026), contains a short noteworthy discussion as to a surety’s liability being coextensive with that of its bond principal. If you…
CONSTRUCTION LIENS AND THE “SUBSTANTIAL PERFORMANCE” DOCTRINE
In a recent case dealing with a construction lien, the driving issue was whether the air conditioning contractor “substantially performed” before recording its construction lien against residential property. The importance here pertains to the substantial performance doctrine with respect to…
DEPRIVING A PERFORMANCE BOND SURETY OF COMPLETION OPTIONS WILL RESULT IN A BREACH OF THE BOND
“The purpose of a performance bond is to guarantee the completion of the contract upon default by the contract.” Arch Insurance Co. v. A3 Development, LLC, 2026 WL 632330 (S.D. Fla. 2026) (internal citations and quotations omitted).
If you are…
APPLYING JURY VERDICT METHOD IN QUANTIFYING DAMAGES DUE TO DEFECTIVE SPECIFICATIONS
An older case deals with three important considerations: (1) defective specifications; (2) whether the defective specifications were misleading or misrepresentative; and (3) applying the jury verdict method in quantifying damages.
In Metric Construction Co., Inc. v. U.S., 80 Fed. Cl.…