Attorney’s fees are a big part of any dispute. And the attorney’s fees should be because fees are a factor and can ultimately drive the outcome of a dispute. No one wants to spend $100,000 in fees to recover $100,000,
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 6
APPLICABILITY OF FLORIDA’S BUILDING CODE IS A QUESTION OF LAW
The application of Florida’s Building Code is a question of law for the court. It’s NOT a question for a witness to determine.
In a recent personal injury dispute dealing with the tripping and falling on a public sidewalk, a…
THE PREFATORY WHEREFORE CLAUSES IN AGREEMENTS MATTER
When drafting agreements, the language matters. This is because agreements are not intended to be construed in a vacuum. Sections of an agreement are not to be interpreted in isolation. Agreements are intended to be constructed in the context of…
SUBSTANTIATING TERMINATION FOR CONVENIENCE COSTS
A termination for convenience clause is an important provision in construction contracts, particularly for the owner. An owner needs the contractual right to terminate a contractor for convenience. This means the owner does NOT need a reason to exercise…
WEATHER DELAY CLAIM – OWNER DELAY PUSHES CONTRACTOR INTO WORSE SEASONAL ADVERSE WEATHER
In government contracting, a contractor is entitled to a time extension for “unusually severe weather.” However, this time extension is typically not compensable (meaning you get time, but not additional compensation). However, “a contractor may bring a claim for compensable…
DON’T ASSERT AS A COUNTERCLAIM TO A LIEN FORECLOSURE LAWSUIT AN ORDER TO SHOW CAUSE CLAIM
If there is a construction lien on your property and you don’t like the lien, here are options to deal with the lien:
1. You negotiate a resolution a get a satisfaction of lien to record in the public records.…
RISK ASSOCIATED WITH DESIGN-BUILD PROJECT DELIVERY METHOD
The design-build project delivery method is when the design-builder (typically the contractor) is responsible for both the design and construction of the project. Thus, the responsibility for both the design and construction falls under the same umbrella and, naturally, carries…
QUICK NOTE: DON’T SUE YOUR ARBITRATOR
As you know from prior posts, arbitration is a creature of contract. This means if you want arbitration to resolve your disputes, then include a binding arbitration provision in your contract. If you don’t want to arbitrate disputes, then do…
THE FAILURE TO PURSUE A CONSTRUCTION LIEN DOES NOT CREATE A “GOTCHA” ARGUMENT
Just because a party does not pursue its lien rights, or waives it lien rights, or satisfies its lien, does NOT mean the party is foreclosed of its other rights, such as breach of contract or unjust enrichment. Florida’s Construction…
DOCTRINE OF SUPERIOR KNOWLEDGE IN GOVERNMENT CONTRACTING
In government contracting claims, the contractor may argue the government had superior knowledge as to key facts and failed to share its superior knowledge with the contractor, which ultimately cost the contractor more money/time. “Under the doctrine of superior knowledge,…