Remember, when it comes to contracts, the time to negotiate and enter into mutually agreed upon bargains is on the front end. And, if the contract is not negotiable, at least you know that and can make the business decision
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 5
DON’T IGNORE PREJUDGMENT INTEREST
When it comes to contracts, there may be a clause that provides that untimely payments shall bear interest at a particular rate. Or it may be the statutory rate. That clause will come into play when determining prejudgment interest. In…
WAIVER AND ESTOPPEL DOES NOT CREATE INSURANCE COVERAGE THAT DOESN’T EXIST
Waiver and estoppel do not create insurance coverage where coverage does not exist. In other words, raising that an insurer waived or should be estopped from arguing a coverage exclusion does not create insurance coverage because coverage never existed. (Notably,…
CAN FORECLOSURE SALE BE OVERTURNED BECAUSE SALE PRICE IS GROSSLY INADEQUATE?
Foreclosure actions are equity actions. See Verzura Construction, Inc. v. Hotel La Petitite Muse, LLC, 50 Fla.L.Weekly D2500a (Fla. 3d DCA 2025). Can a sale price at a foreclosure auction sale be set aside because the foreclosed party believes the…
QUICK NOTE: IF YOU WANT TO RECOVER ATTORNEY’S FEES IN A CONTRACTUAL DISPUTE, INCLUDE A PREVAILING PARTY ATTORNEY’S FEES PROVISION
If you want the ability to recover attorney’s fees in the event of a contractual dispute, include a prevailing party attorney’s fees. Negotiate this point on the front end. Not doing so will hinder your ability to make the argument…
AN “AGREEMENT TO AGREE” IS NOT A BINDING CONTRACT
A driving issue in a recent dispute was whether a binding contract existed simply through the selection of a proposal in response to a solicitation. Or, was there nothing more than an “agreement to agree,” which does not create a…
GOVERNMENT CLAIMING CONTRACT IS VOID AB INITIO BY CONTRACTOR KNOWINGLY MAKING FALSE STATEMENTS
Can the federal government declare a contract “void ab initio” or void from the beginning? Yes, if the government can “prove that the contractor (a) obtained the contract by (b) knowingly (c) making a false statement.” MLB Transportation v. U.S.,…
PROMPTLY NOTIFYING YOUR INSURER OF A CLAIM MATTERS
Does promptly notifying your insurer of a claim matter? A recent case out of the 11th Circuit Court of Appeals answers this question in the affirmative. MAKE SURE TO PROMPTLY NOTIFY YOUR INSURER OF A POTENTIAL CLAIM.
In L. Squared…
COURSE OF CONDUCT CAN SERVE AS WAIVER OR MODIFICATION OF PARTIES’ CONTRACT
When you enter into a contract, the language in the contract means something. And if you don’t follow what the contract says, it will be used against you. It can be used to support the argument that you breached the…
APPLICATION OF ORDINANCE AND LAW COVERAGE IN PROPERTY INSURANCE POLICY AND TWENTY-FIVE PERCENT RULE
A recent case involved a homeowner’s all-risk property insurance policy with ordinance and law coverage. This ordinance and law coverage required the carrier “to cover costs that the [insureds] incur as a result of any ordinance that requires them to…