It is common for construction contracts to include a choice-of-law provision or language. This is language that says the contract is to governed under the laws of the state of Florida (by way of example). Pick any jurisdiction. There may
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 7
NOTICE PROVISIONS IN CONTRACTS MATTER
Notice provisions in contracts matter. Oftentimes, contracts or legal documents contain notice provisions. If not, they should. The notice provision should include the address where the notice needs to be sent, any specified person the notice should be addressed to,
…
INSURANCE BROKER CAN BE LIABLE FOR OMISSION OF COVERAGE
Claims against an insurance agent / broker can be actionable in negligence. Such a claim can arise with omitted insurance. “The party seeking to establish that improperly omitted insurance coverage was available must only show that ‘the requested coverage was…
GOVERNMENT PROCUREMENT BID PROTEST – ARBITRARY AND CAPRICIOUS REQUIREMENT
The recent decision, Gemini Tech Services, LLC v. U.S., 2025 WL 2080407 (Fed.Cl. 2025), demonstrates the (difficult) standard in protesting a government’s procurement decision, i.e., a bid protest. In this matter, a protestor pursued a post-award bid protest of a…
CONSEQUENTIAL vs. DIRECT DAMAGES AND WAIVER OF CONSEQUENTIAL DAMAGES
In a recent case, a design professional tried to argue it had a “get out of jail free” costs for repair and remediation costs an owner sustained due to structural engineering errors and omissions. The “get out of jail” free…
PROVING AND DEFENDING AGAINST CONSTRUCTION DEFECT DAMAGES
Recent decisions in Florida (see here) have harshly come out against owners in construction defect cases that fail to properly measure their damages as of the date of the breach. The result has been a big “L” for owners…
QUICK NOTE: LIABILITY INSURER’S DUTY TO DEFEND AND DUTY TO INDEMNIFY
A liability insurer has two duties: a duty to defend and a duty to indemnify. A recent insurance coverage dispute summarizes these two duties, which are critical for parties to understand and appreciate in the context of insurance coverage claims:…
QUICK NOTE: DOCTRINE OF REASONABLE EXPECTATIONS DOES NOT APPLY TO INSURANCE POLICIES
The doctrine of “reasonable expectations” does NOT apply to insurance policies. Catalina West Homeowners Association, Inc. v. First Community Ins. Co., 50 Fla.L.Weekly D1318a (Fla. 3d DCA 2025). ” ‘Under this doctrine, the insured’s expectations as to the scope of…
LACK OF CREDIBILITY CAN DESTROY A CLAIM
Lack of credibility can undermine your claim in a HUGE way. That lack of credibility can come from a party or a party’s expert. In Appeal of ECC International Constructors, LLC, ASBCA No. 59586, 2025 WL 1357784 (ASBCA 2025), a…
QUICK NOTE: TERMINATION FOR CONVENIENCE PROVISIONS GIVE A PARTY BROAD DISCRETION TO END A CONTRACTUAL RELATIONSHIP
In a recent case, Tripro Consulting, LLC v. CACI-Inc.-Federal, 2025 WL 1832849 (MD Fla. 2025), a cybersecurity subcontractor argued it was improperly terminated under a provision that allowed the contractor to terminate it for convenience if it was in the…