Constructing licensing is governed under Florida Statutes Chapter 489. Under Florida Statute s. 489.128, an unlicensed contractor has NO rights or remedies. Stated differently, an unlicensed contractor is “sh*t out of luck!”.   However, what’s been complicated, and it really…

A non-construction case touches upon important considerations regarding arbitration and agency principles. Agency principles matter and while this case deals with agency principles relative to arbitration, the principles can be extrapolated to a variety of scenarios.
Here are the key…

A contract is a contract. It should say what it means and means what it says.  A release is construed like a contract. A change order or bilateral modification is construed like a contract. The decision out of the United…

The Spearin doctrine is a doctrine in the construction industry that broadly means the owner impliedly warrants the constructability of the plans and specifications given to the contractor. This implied warranty attaches to a design specification, but not a performance…

A note on subrogation.
There are two types of subrogation recognized in Florida: (1) conventional subrogation; and (2) equitable subrogation.
“‘Conventional subrogation arises or flows from a contract between the parties establishing an agreement that the party paying the debt…

When you are in a dispute, one of the first things you want to look at is the dispute resolution provision(s) in your contract.  What does the provision(s) say? (There could be more than one provision.) Do you need to…

Welcome to Florida! If you deal with construction defects in Florida, then you know, or certainly should know, about Florida Statutes Chapter 558.  Chapter 558  contains the pre-suit notice requirements before instituting a construction defect lawsuit. They are a…