Florida Construction Legal Updates

Blog Authors

Latest from Florida Construction Legal Updates

When it comes to construction disputes, a Florida Deceptive and Unfair Trade Practices Act (known by its acronym “FDUTPA”) claim is not commonly asserted.  A FDUTPA claim is a statutory claim under Florida Statute s. 501.201 en seq.  This claim
Continue Reading ALLEGING AND PROVING A FLORIDA DECEPTIVE AND UNFAIR TRADE PRACTICES ACT (FDUTPA) CLAIM

It is not uncommon that a general contractor’s subcontract will include an arbitration provision.  Or it will allow the general contractor to select binding arbitration as the method to resolve disputes at the general contractor’s SOLE OPTION.   A general contractor’s
Continue Reading GENERAL CONTRACTOR INTERVENING TO COMPEL ARBITRATION PER THE SUBCONTRACT

As you know from prior articles, arbitration is a creature of contract.  This means if you want your disputes to be resolved by binding arbitration, as opposed to litigation, you want to make sure there is an arbitration provision in
Continue Reading DISPUTES WILL NOT BE SUBJECT TO ARBITRATION PROVISION IF THERE IS NO “SIGNIFICANT RELATIONSHIP”

Your construction lien oftentimes is your leverage to secure payment because the lien collateralizes the amount you are owed against real property, a leasehold interest, or alternative security if the lien is transferred to alternate security.  Having a court dismiss
Continue Reading MOVING FOR CERTIORARI RELIEF IF THE TRIAL COURT IMPROPERLY DISMISSES / DISCHARGES YOUR LIEN