In previous articles, I discussed Florida’s Deceptive and Unfair Trade Practices Act referred to as “FDUTPA”…but, it has been awhile.  (For more information on FDUTPA, check here and here.)  Now is as good of a time as any to discuss it again because FDUTPA provides a private cause of action and, perhaps, there may be […]

The post DO YOU HAVE A FLORIDA’S DECEPTIVE AND UNFAIR TRADE PRACTICES ACT CLAIM appeared first on Florida Construction Legal Updates.

In a recent case, Florida’s Fourth District Court of Appeal reversed a trial court’s denial of a motion for a temporary injunction sought by an employer due to an independent contractor’s violation of a non-compete and non-solicitation provision in an employment / independent contractor agreement (“employment agreement”). You can find more on this case and […]

The post DEMONSTRATING A FRAUDULENT INDUCEMENT CLAIM OR DEFENSE appeared first on Florida Construction Legal Updates.

What you contractually agree to matters, particularly when you are deemed a sophisticated entity.  This means you can figuratively live or die by the terms and conditions agreed to.   Don’t take it from me, but it take it from the Fourth Circuit’s decision in U.S. f/u/b/o Modern Mosaic, Ltd. v. Turner Construction Co., 2019 WL […]

The post ENFORCEMENT OF CONTRACTUAL TERMS (E.G., FLOW-DOWN, FIELD VERIFICATION, SHOP DRAWING APPROVAL, AND NO-DAMAGE-FOR-DELAY PROVISIONS) appeared first on Florida Construction Legal Updates.

How are delay damages treated when two subcontractors cause a mutual or concurrent delay to the project? Assume multiple subcontractors concurrently contributed to an impact to the critical path resulting in a delay to the project.  The delay caused the prime contractor to: (1) be assessed liquidated damages from the owner and (2) incur extended […]

The post MUTUAL OR CONCURRENT DELAY CAUSED BY SUBCONTRACTORS appeared first on Florida Construction Legal Updates.

Regardless of the type of contract you are dealing with, “[a]rbitration provisions are contractual in nature, and therefore, construction of such provisions and the contracts in which they appear is a matter of contract interpretation.”  Wiener v. Taylor Morrison Services, Inc., 44 Fla. L. Weekly D3012f (Fla. 1st DCA 2019).   This means if you want […]

The post YOU CANNOT ARBITRATE CLAIMS NOT COVERED BY THE ARBITRATION AGREEMENT appeared first on Florida Construction Legal Updates.

A statutory bad faith claim against an insurer is derived from Florida Statute s. 624.155.  A bad faith claim against a first party insurer, such as a property insurer, must be statutory.  Check out the hyperlink of the statute, but a party must first file a Civil Remedy Notice identifying the statutory violations to preserve […]

The post YOUR BAD FAITH JURY INSTRUCTION AGAINST AN INSURER IS IMPORTANT appeared first on Florida Construction Legal Updates.

Consider who you loan money too and, perhaps more importantly, the manner in which your loan agreements (promissory notes) are drafted.  By way of example, in what appears to be a failed construction project in Conrad FLB Management, LLC v. Diamond Blue International, Inc., 44 Fla. L. Weekly D2897a (Fla. 3d DCA 2019), a group […]

The post CONSIDER MANNER IN WHICH LOAN AGREEMENT (PROMISSORY NOTE) IS DRAFTED appeared first on Florida Construction Legal Updates.

Many types of deals involve the use of an escrow agent.  Whether it is a real estate transaction, settlement, or another type of deal, an escrow agent holds money (or something else of value) in trust for a third party(ies) based on the parameters of the escrow agreement.  An escrow agent is a fiduciary and, […]

The post QUICK NOTE: ESCROW AGENT OWES FIDUCIARY DUTY TO PARTIES TO ESCROW AGREEMENT appeared first on Florida Construction Legal Updates.

If you are a design professional (architect, landscape architect, interior designer, engineer, surveyor, or mapper) you have construction lien rights in the event you are not paid.   This does not mean your lien rights are absolute so it is important to understand the circumstances which allow you to record a construction lien on a project.  […]

The post CIRCUMSTANCES IN WHICH DESIGN PROFESSIONAL HAS CONSTRUCTION LIEN RIGHTS appeared first on Florida Construction Legal Updates.

Is the enforceability of a no-damage-for-delay provision inappropriate for resolution on a summary judgment?  The recent decision in U.S. f/u/b/o Kingston Environmental Services, Inc. v. David Boland, Inc., 2019 WL 6178676 (D. Hawaii 2019), dealing with Florida law, suggests that it is inappropriate for a summary judgment resolution, particularly when there is a right to […]

The post IS THE ENFORCEABILITY OF A NO-DAMAGE-FOR-DELAY PROVISION INAPPROPRIATE FOR SUMMARY JUDGMENT appeared first on Florida Construction Legal Updates.