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
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.
Latest from Florida Construction Legal Updates - Page 2
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…
INACCURATE REPRESENTATIONS CAN LEAD TO DIFFERING SITE CONDITIONS CLAIM
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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