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Resolving Construction Contractor Disputes

Construction contractor disputes can be complex and time-consuming to resolve.  However, there are steps that can be taken to try and resolve the issue without resorting to costly and lengthy legal proceedings. Try to resolve the issue informally: Before taking any legal action, it is often worth trying to resolve the issue informally. This could [...]


Collecting Construction Debt

Collecting construction debt can be a challenging feat. Thankfully, there are tried and true processes as well as experts to guide the way. Organizing Your Paperwork Many debts are due to unresolved disputes.  Therefore, step one in collecting a debt is creating a solid defense of the case for making full payment as billed.  In [...]


Construction Bid Protests in Florida

In Florida, competitive bidding is statutorily mandated so as to ensure the best interests of the public. The Administrative Procedure Act (APA) of 1961, codified as Florida Statutes Ch. 120 is the state’s main mechanism to ensure visibility and accountability in the public procurement process.  The related statutes are designed to ensure fair pricing on [...]


Construction Surety Bonds

Construction surety bonds are securities issued by an insurer that guarantee financially that a construction company will perform their duties or pay a penalty to the contracting entity.  The construction company, which could be a general contractor or subcontractor, is called the principal.  The contracting entity, often a government or large corporation, is called the [...]


Remedies for Breach of Contract in Construction Law

In contract law, a breach takes place whenever one of the parties to a contract fails in fulfilling its obligation or obligations as described in the contract. A breach is said to have taken place whether this failure took place partially or wholly.  The breaching party might also have communicated an intent to fail the [...]

Contingent Payment Clauses in Florida Construction Law

Construction contracts typically have contingent payment clauses that state that a contractor will pay their subcontractors once the contractor has been paid by the property owner.  These construction contract clauses shift the risk associated with payment so that the risk is shared between the contractor and all of its subcontractors.   Based on a precedent set [...]


Examinations Under Oath

A number of fraudulent and/or questionable construction claims are filed against major insurance companies each year. Each of these claims has to be investigated and, in many cases, litigated. Many large property and casualty insurers need an experienced local attorney here in South Florida to investigate claims that seem questionable. Insurance companies can conduct extensive [...]


Construction Defects: Who Might Be Liable And When?

When undertaking commercial or residential construction projects, there is the possibility that construction defects may arise during or after the building process. Contractors, designers, and manufacturers might all do their part to ensure a job well done, but there still remains a chance that errors will occur. Construction defects are one of the most common [...]


Construction Liens? Hire an Experienced Construction Lawyer

Florida Construction Liens Law is a complex array of processes and documentation which creates a number of potential pitfalls for owners and contractors alike.  Best navigated by a construction lawyer, lien law is rooted in Part 1 of Florida Statute 713 and consists of 47 sections and nearly 30,000 words.  Due to the labyrinthian size [...]