In an ideal world, parties would have written contracts.  In reality, parties should endeavor to ensure every transaction they enter into is memorialized in a written contract.  This should not be disputed.  Of course, written contracts are not always the case. Parties enter transactions too often whereby the transaction is not memorialized in a clean […]

The post BREACH OF AN ORAL CONTRACT AND UNJUST ENRICHMENT AND IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING appeared first on Florida Construction Legal Updates.

Mandatory forum (venue) selection provisions are generally construed in favor of enforceability.  Parties agreed to the forum for disputes so why not enforce them, right?  A recent federal district court case out of the Eastern District of Louisiana exemplifies an exception grounded in judicial economy which disfavors the enforceability of mandatory forum selection provisions. Keep […]

The post JUDICIAL ECONOMY DISFAVORS ENFORCEMENT OF MANDATORY FORUM SELECTION CLAUSE appeared first on Florida Construction Legal Updates.

If you need more of a reason to have contracts with clear and definite terms, this case is it. This case exemplifies what can happen if the contract, not only does not have clear and definite terms, but contains a patent ambiguity.  The contract will be deemed unenforceable which will make one of the contracting […]

The post CONTRACT SHOULD HAVE CLEAR AND DEFINITE TERMS TO AVOID A PATENT AMBIGUITY appeared first on Florida Construction Legal Updates.

A recent appellate opinion starts off, “This is a typical South Florida construction dispute.”  (See case citation at the bottom) Let’s see, is it?  No. It’s a garden variety payment dispute where the parties did NOT have a binding contract.  Why? That’s for a different day (because the smart practice is ALWAYS to have a […]

The post UNJUST ENRICHMENT CLAIMS WHEN THERE IS NO BINDING CONTRACT appeared first on Florida Construction Legal Updates.

Designating and admitting experts is a vital component of any construction dispute.  Many construction disputes require experts.  Many construction disputes can only be won with the role of an expert. Thus, experts and construction disputes go hand-in-hand. No doubt about it!  Time needs to be spent on developing the right expert opinions to support your […]

The post COURT STRIKES EXPERT OPINION THAT SURETY ACTED AS A “DE FACTO CONTRACTOR” appeared first on Florida Construction Legal Updates.

A recent appellate decision out of Florida’s Sixth District Court of Appeal holds that a trial court’s denial of motion to dissolve a lis pendens does NOT automatically give a basis for a petition for a writ of certiorari. Generalized allegations of “irreparable harm” to support the basis for the petition for writ of certiorari […]

The post DENIAL OF MOTION TO DISSOLVE LIS PENDENS DOES NOT AUTOMATICALLY CREATE BASIS FOR CERTIORARI RELIEF appeared first on Florida Construction Legal Updates.

Effective October 1, 2023, there were changes to Florida’s statutory scheme dealing with construction projects. This includes Florida’s Lien Law. A copy of these changes can be found below which identify additions in blue and deletions with strikethroughs.  No different than before, if you have questions or concerns as to your statutory rights on a […]

The post QUICK NOTE: OCTOBER 1, 2023 CHANGES TO FLORIDA’S CONSTRUCTION STATUTES appeared first on Florida Construction Legal Updates.

Can the doctrine of res judicata bar an owner’s claim against the general contractor after the owner also sued and obtained a satisfied judgment against the subcontractor when there are identical, overlapping damages pursued in separate lawsuits.  A recent case says, not really. In Pickell v. Lennar Homes, LLC, 48 Fla.L.Weekly D2037a (Fla. 6th DCA […]

The post RES JUDICATA NOT APPLY TO BAR OVERLAPPING DAMAGES IN SEPARATE SUITS AGAINST CONTRACTOR AND SUBCONTRACTOR appeared first on Florida Construction Legal Updates.

I’ve said this before, and I’ll say it again: arbitration is a creature of contract. If you don’t want to arbitrate, don’t agree to an arbitration provision as the means to resolve your dispute. Now, with that said, there are times you may not have a choice. An arbitration provision in a warranty from a […]

The post BE STRATEGIC WHEN SUING A MANUFACTURER UNDER A WARRANTY WITH AN ARBITRATION PROVISION appeared first on Florida Construction Legal Updates.

Remember this: complying with contractual conditions precedent to payment is important. There is a reason why construction contracts include contractual conditions precedent to payment. The contract does not include this language for sh*ts and giggles. This language is included to establish what is required of the payee before payment becomes due. There may be conditions […]

The post CHECK THE BOXES REGARDING CONTRACTUAL CONDITIONS PRECEDENT TO PAYMENT appeared first on Florida Construction Legal Updates.