If you need a construction lien prepared, please work with a construction counsel in doing so. Don’t use a service that’s going to charge you less but isn’t going to analyze the information or ask you questions based on the
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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CONTRACT INTERPRETATION – DETERMINING WHAT THE CONTRACT REQUIRES
A good ole dispute on contract interpretation in government contracting. Contract interpretation disputes happen all the time in every jurisdiction under the sun. Think about that. Now, what’s the best way to avoid a contract interpretation dispute? Naturally, invest in…
CONTRACT DISPUTES ACT AND JURISDICTIONAL REQUIREMENTS
When dealing with a claim on a federal construction project, there are a couple of key background jurisdictional points. These points were briefly highlighted in the recent appeal, Mega Star Logistics Service Co. v. Department of State, CBCA 8232, 2026…
RIPENESS OF NEGLIGENCE CLAIM AGAINST INSURANCE BROKER
A recent case supports the principle that a negligence claim against your insurance broker is NOT ripe until your insurance coverage dispute is resolved. In this case, a plaintiff sued his carrier in a coverage dispute and his insurance broker…
QUICK NOTE: DON’T SPOIL EVIDENCE!!!!
The phrase “spoliation of evidence” is a phrase that gets used, sometimes properly and sometimes improperly. The reason is that if evidence is legitimately spoiled, the opposing party wants an adverse inference jury instruction. There are two potential adverse inference…
YOU NEED TO READ AND LEARN WHAT YOU SIGN!
You need to read and learn what you sign!
The argument you did not read what you signed is a no-go. It’s not an argument you want to bank on in any way, shape, or form.
Here’s an example. In…
ARBITRATION PROVISION MUST BE INCORPORATED INTO A BOND FOR SURETY TO ELECT ARBITRATION
“Sureties cannot exercise unilateral election rights that are reserved for the principal of the underlying contract.” Anderson Service Corp. v. Old Republic Surety Company, 2026 WL 61436, *2 (Fla. 4th DCA 2026). This was the holding in a recent case…
STANDING WHEN IT COMES TO REAL PROPERTY OWNED BY A TRUST
It is not uncommon for property to be owned in the name of the trust as part of an estate planning agenda. In construction, improvements are made all the time to real property owned in the name of a trust…
BREACH OF FIDUCIARY DUTY AND NEGLIGENT MISREPRESENTATION CLAIMS AGAINST INSURANCE BROKER
Can an insurance broker be liable for breach of fiduciary duty and negligent misrepresentation? Stated differently, can an insurance broker be liable for these claims even if the insurance broker has been found not to be liable for the negligent…
QUICK NOTE: INCLUDE KEY TIME RELATED FACTS IN CONTRACT TO AVOID AN AMBIGUITY
When drafting or negotiating a contract, it is important to consider key time-related facts. In other words, if there are important provisions dealing with time, you don’t want to leave them undefined as that can create an ambiguity in the…