Many construction defects cases involve Florida’s Building Code. A recent non-construction case, BSREP II PBG Resort, LLC v Ginsburg, 2026 WL 265226 (Fla. 4th DCA 2026), discussed a court taking judicial notice of a provision in the Florida Building Code.
Florida Construction Legal Updates
Florida Construction Legal Updates, published by Kirwin Norris, P.A., focuses on legal issues related to construction projects in Florida. The blog covers topics such as contract disputes, prejudgment interest, insurance coverage limitations, foreclosure sales related to construction liens, attorney's fees provisions in construction contracts, and the enforceability of agreements in construction contexts. It addresses practical legal challenges faced by contractors, subcontractors, property owners, and lenders, including arbitration, bid protests, financing, and delay claims. The content emphasizes recent case law and statutory interpretations relevant to construction law practitioners and stakeholders in Florida's construction industry.
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MILLER ACT PAYMENT BOND CLAIM “NO NOs!”
A recent federal district court opinion, Sauer Construction, LLC v. United Structures of Georgia, LLC, 2026 WL 2522849 (M.D.Fla. 2026), addressed two worthy considerations when it comes to a Miller Act payment bond claim. And, when I am talking about…
CREDIBILITY MATTERS…EVEN IN DELAY CLAIMS
Credibility matters. Here’s another example involving a delay claim on public private partnership delivery method.
The project agreement required claims to be tried by a hearing examiner. The public private partnership developer (for lack of a better term) submitted delay…
OWNER TAKING ASSIGNMENT OF GENERAL CONTRACTOR’S CLAIMS AGAINST A SUBCONTRACTOR(S)
Here’s a scenario that occurs in construction defect cases. An owner sues a general contractor and subs for construction defects. The owner settles with a number of parties and takes an assignment of the general contractor’s claims against some or
…
TWO IMPORTANT POINTS REGARDING THE MILLER ACT
A recent Miller Act case, U.S. f/u/b/o Boundless Management Outsourcing Group, LLC v. Endurance Assurance Corp, 2026 WL 2241491 (D. Puerto Rico 2026), confirms two important points when it comes to the Miller Act. In this case, a subcontractor pursued…
SURETY REQUIRING COLLATERAL SECURITY UNDER GENERAL AGREEMENT OF INDEMNITY
In order to procure bonds (payment and performance bonds), you need to sign a General Agreement of Indemnity (referred to as the “GAI”) with the surety (bonding company). It does not matter the surety issuing the bonds, the terms and…
LIENOR DEALING WITH “SHOW CAUSE” SUMMONS BY CONDOMINIUM UNIT OWNER
One of the statutory vehicles to shorten a construction lienor’s statute of limitations to foreclose on a construction lien is through a “show cause” summons that essentially requires the lienor to foreclose on the lien within 20 days from receipt…
WHAT IS THE INDEPENDENT TORT DOCTRINE? NEW CASE EXPLAINS…
Florida’s Sixth District Court of Appeals in Atout v. HHM Land Trust Dated October 29, 2013, 51 Fla.L.Weekly D1569a (Fla. 6th DCA 2026) recently included an extensive discussion on Florida’s independent tort doctrine. The independent tort doctrine is an important…
FEDERAL BID PROTEST STANDARD OF REVIEW AND DISPARATE TREATMENT WITH RATINGS
A recent decision out of the Federal Claims Court explains the post-award bid protest standard of review.
In Massman Construction Co. v. U.S., 2026 WL 1971985 (Fed.Cl. 2026), a protestor brought a post-award bid protest after the Army Corps of…
CONSTRUCTION LIENS: LIENING FOR AMOUNTS NOT YET TECHNICALLY DUE DOES NOT MEAN LIEN IS FRAUDULENT
A 2024 bankruptcy ruling, In re Edgewater Construction Group, Inc., 657 B.R. 668 (S.D.Fla. 2024), touched upon an interesting issue when it comes to construction liens. Is a construction lien fraudulent simply because the lien includes amounts not yet due?…