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Florida Construction Legal Updates

How do you determine damages for a breach of a construction contract?  If you are interested in pursing a breach of a construction contract action, this is something you NEED TO KNOW! The recent Fourth District Court of Appeal’s decision in Cano, Inc. v. Judet, 46 Fla. L. Weekly D2083b (Fla. 4th DCA 201) explains: […]

The post MEASURE OF DAMAGES FOR BREACH OF CONSTRUCTION CONTRACT appeared first on Florida Construction Legal Updates.

Author: David Adelstein
Posted: September 26, 2021, 1:48 pm

In construction, one of the easiest claims to prove from a burden of proof standpoint is that of a supplier, particularly a rental equipment supplier.  Oftentimes, these claims are more in the realm of a collection claim because a rental supplier will generally be able to establish that a party opened an account with them, […]

The post DIFFICULTY IN DEFENDING RENTAL SUPPLIER’S CLAIM UNDER CREDIT APPLICATION appeared first on Florida Construction Legal Updates.

Author: David Adelstein
Posted: September 19, 2021, 2:46 pm

Sometimes, it is much better to hear it from the horse’s mouth.  That is the case here.  The Armed Services Board of Contract Appeal’s (ASBCA) opinion in Appeals of -GSC Construction, Inc., ASBCA No. 59402, 2020 WL 8148687 (ASBCA November 4, 2020) includes an informative discussion of a contractor’s burden when it encounters excusable delay […]

The post STANDARD FOR EVALUATING DELAY – DIRECTLY FROM AN ARMED SERVICES BOARD OF CONTRACT APPEAL’S OPINION appeared first on Florida Construction Legal Updates.

Author: David Adelstein
Posted: September 12, 2021, 1:57 pm

Under Florida law, there is a claim dealing with the purchase and sale of residential real property known as a Johnson v. Davis or a non-disclosure claim:  “[W]here the seller of a home knows of facts materially affecting the value of the property which are not readily observable and are not known to the buyer, the […]

The post ASSERTING NON-DISCLOSURE CLAIM INVOLVING RESIDENTIAL REAL PROPERTY AND WHETHER FACTS ARE “READILY OBSERVABLE” appeared first on Florida Construction Legal Updates.

Author: David Adelstein
Posted: September 6, 2021, 2:58 pm

When negotiating a contract, do not overlook the dispute resolution provision.  It is one of the more important provisions in your construction contract.   This provision will come into play and have ramifications if there is a dispute, which is certainly not uncommon on a construction project. In dispute resolution provisions in subcontracts on federal […]

The post UNDERSTAND THE DISPUTE RESOLUTION PROVISION YOU ARE AGREEING TO appeared first on Florida Construction Legal Updates.

Author: David Adelstein
Posted: August 29, 2021, 1:50 pm

Arbitration is a form of dispute resolution that is a creature of contract.   If you want an arbitrator to resolve your disputes, you need to ensure there is an arbitration provision in your contract.   There are pros and cons to arbitration.  One con is you lose the right to appeal.  A couple of pros, however, […]

The post WAIVER OF ARBITRATION BY NOT SUBMITTING CLAIM TO INITIAL DECISION MAKER…REALLY! appeared first on Florida Construction Legal Updates.

Author: David Adelstein
Posted: August 15, 2021, 1:57 pm

One of my favorites quotes from a case, and I am sure others in the construction industry feel the same way or can relate, is from the District of Columbia Court of Appeals in Blake Construction Co., Inc. v. C.J. Coakley Co., Inc., 431 A.2d 569, 575 (D.C. 1981): We note parenthetically and at the […]

The post DIFFICULT TASK FOR COURT TO ANALYZE DELAY AND DISORDER ON CONSTRUCTION PROJECT appeared first on Florida Construction Legal Updates.

Author: David Adelstein
Posted: August 8, 2021, 2:53 pm

The venue to file a lawsuit can be an important issue for a variety of reasons, whether for convenience or the prospect of a more favorable outcome.  Oftentimes, there is a venue provision in a contract that provides where the exclusive venue for any dispute arising out of the contract must be brought. In a […]

The post SUING A PAYMENT BOND SURETY IN DIFFERENT VENUE THAN SET FORTH IN THE SUBCONTRACT appeared first on Florida Construction Legal Updates.

Author: David Adelstein
Posted: July 18, 2021, 1:42 pm

Residential construction disputes can sometimes take nasty turns.  This is not attributed to one specific reason, but a variety of factors.  Sometimes, there are not sophisticated contracts (or contracts at all).  Sometimes, relationships and roles get blurred.  Sometimes, parties try to skirt licensure requirements.  Sometimes, a party is just unreasonable as to their expectations.  And, […]

The post RESIDENTIAL INTERIOR DECORATOR WAS ENTITLED TO LIEN AND WAS NOT ENGAGING IN UNLICENSED CONTRACTING appeared first on Florida Construction Legal Updates.

Author: David Adelstein
Posted: July 11, 2021, 1:53 pm

If you need to prove and allocate construction project delays, you should engage a scheduling consultant qualified with CPM (critical path method) analysis.  You should also engage counsel to assist in preserving your rights, as well as presenting and maximing your arguments for delay. There are numerous methodologies used to quantify and allocate delay. You […]

The post CONSTRUCTION DELAYS: WHICH METHOD SHOULD BE USED TO CALCULATE DELAY? appeared first on Florida Construction Legal Updates.

Author: David Adelstein
Posted: July 4, 2021, 5:42 pm
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