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 claimed it directed its subcontractors to work overtime and add resources to complete the […]

The post PROVING THE ELEMENTS OF A CONSTRUCTIVE ACCELERATION CLAIM REQUIRES PROOF THAT THERE WAS AN EXCUSABLE DELAY appeared first on Florida Construction Legal Updates.

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 to the contractor’s delay claim because the critical path analysis is what proves the causal […]

The post CONTRACTOR’S FAILURE TO PROVIDE CRITICAL PATH ANALYSIS CAN BE FATAL TO DELAY CLAIM appeared first on Florida Construction Legal Updates.

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, the surety sought indemnity from its indemnitors (including the bond principal) after resolving a termination […]

The post QUICK NOTE: PRINCIPAL ARGUING BAD FAITH AGAINST ITS OWN SURETY appeared first on Florida Construction Legal Updates.

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 of the contract—and forms the basis of being terminated for default. If you are entertaining […]

The post ESTABLISHING JUSTIFICATION FOR TERMINATION FOR DEFAULT appeared first on Florida Construction Legal Updates.

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, an owner hired a contractor to build a house. The contractor’s owner, a licensed contractor, […]

The post FLORIDA IS NOT PLAYING GAMES WITH UNLICENSED CONTRACTING appeared first on Florida Construction Legal Updates.

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 professional employer’s organization, otherwise known as a PEO. If you go with a PEO, or […]

The post QUICK NOTE: PROCURE WORKER’S COMPENSATION IN THE NAME OF YOUR COMPANY IF YOU ARE A GENERAL CONTRACTOR appeared first on Florida Construction Legal Updates.

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 agreement under Florida law: “In Florida, a party seeking to recover under a Coblentz agreement […]

The post RIGHTFULLY RECOVERING UNDER A COBLENTZ AGREEMENT appeared first on Florida Construction Legal Updates.

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 DIFFERING SITE CONDITIONS A type 1 differing site conditions claim occurs when “[s]ubsurface or latent physical […]

The post TYPE I AND TYPE II DIFFERING SITE CONDITIONS CLAIMS appeared first on Florida Construction Legal Updates.

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 a claim under an all-risk policy, the insured must establish that her home suffered a […]

The post QUICK NOTE: BURDEN OF PROVING AND DEFENDING ALL RISK PROPERTY INSURANCE CLAIMS appeared first on Florida Construction Legal Updates.

A recent matter with the Civilian Board of Contract Appeals discusses a cardinal change theory of liability. A cardinal change “occurs when the government effects an alteration in the work so drastic that it effectively requires the contractor to perform duties materially different from those originally bargained for.” … A cardinal change can occur even […]

The post CARDINAL CHANGE EXAMINES THE ENTIRE, FACTUAL UNDERTAKING appeared first on Florida Construction Legal Updates.