In the previous posting, I discussed a contractor that lost its constructive acceleration claim. In the same case, the contractor argued that the government / owner breached the implied covenant of good faith and fair dealing that exists in
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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PROVING THE ELEMENTS OF A CONSTRUCTIVE ACCELERATION CLAIM REQUIRES PROOF THAT THERE WAS AN EXCUSABLE DELAY
In a recent dispute out of the Federal Circuit, Amatea/Grimberg JV v. Secretary of the Navy, 2025 WL 1752375 (Fed.Cir. 2025), a contractor submitted a constructive acceleration claim to the government after its request for time extension was denied. The…
CONTRACTOR’S FAILURE TO PROVIDE CRITICAL PATH ANALYSIS CAN BE FATAL TO DELAY CLAIM
If you have read postings in this blog about delay, you know the contractor needs to prove delay through a critical path methodology (CPM), oftentimes referred to as a critical path or CPM analysis. Not doing so can be fatal…
QUICK NOTE: PRINCIPAL ARGUING BAD FAITH AGAINST ITS OWN SURETY
The General Agreement of Indemnity a principal executes with its surety is the most–and certainly one of the most–powerful documents in construction. Consider this when executing a General Agreement of Indemnity in order to procure bonds.
In a recent case,…
ESTABLISHING JUSTIFICATION FOR TERMINATION FOR DEFAULT
A termination for default (for cause) is drastic recourse. It operates as the harshest breach of contract recourse out there. The reason being is that you are saying the other side’s breach of the contract is material—goes to the essence…
FLORIDA IS NOT PLAYING GAMES WITH UNLICENSED CONTRACTING
Lately, Florida is NOT playing any games with unlicensed contractors. And the results are harsh. BE WARY.
This is demonstrated in the recent opinion CAM Bradford Homes, LLC v. Arrants, 2025 WL 1715893 (Fla. 5th DCA 2025).
In this case,…
QUICK NOTE: PROCURE WORKER’S COMPENSATION IN THE NAME OF YOUR COMPANY IF YOU ARE A GENERAL CONTRACTOR
If you are a general contractor (or the contractor responsible for hiring subcontractors), please make sure to procure a worker’s compensation and employer’s liability insurance policy. Also, don’t think you are “fully covered” if you have worker’s compensation through a…
RIGHTFULLY RECOVERING UNDER A COBLENTZ AGREEMENT
A recent case out of the Middle District of Florida, The Peninsula at St. John’s Center Condominium Association, Inc. v. Amerisure Ins. Co., 2025 WL 1547631 (M.D.Fla. 2025) discusses what a party must do to RIGHTFULLY recover under a Coblentz…
TYPE I AND TYPE II DIFFERING SITE CONDITIONS CLAIMS
In government contracting, there is a Federal Acquisition Regulation (FAR) on differing site conditions. See F.A.R. 52-236-2. This regulation, and the standard, would apply outside of government contracting when you hear about differing site conditions claims.
I. TYPE I…
QUICK NOTE: BURDEN OF PROVING AND DEFENDING ALL RISK PROPERTY INSURANCE CLAIMS
If you are pursuing an all-risk first-party property insurance claim on behalf of an insured, or defending such a claim on behalf of an insurer, a recent case includes a short snippet explaining the corresponding burdens of proof:
To make…