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 […]

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“There are generally two types of specifications: design specifications, which tell the contractor in detail how the work is to be performed; and performance specifications, which tell the contractor the end result that is expected and leave it to the contractor to determine the best way to get to the result.” Appeals of Skanska USA […]

The post IMPOSSIBILITY OF PERFORMANCE AS EXCUSE TO FAILURE TO ACHIEVE PERFORMANCE SPECIFICATION appeared first on Florida Construction Legal Updates.

In the previous posting, I discuss the Civilian Board of Contract Appeals’ case of Quality Trust, Inc.  That case deals with a claim known as constructive suspension.  However, the case also discusses unabsorbed home office overhead damages known as Eichleay damages, which are hard damages to prove.  Below describes the elements a party MUST prove […]

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A claim for constructive suspension does exist: “Constructive suspension occurs when work is stopped absent an express order by the contracting officer and the [G]overnment is found to be responsible for the work stoppage.”  “A constructive suspension will be found on the same elements and has the same effect and consequences as an actual suspension.”  […]

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Ogden v. Defelice, 50 Fla.L.Weekly D937d (Fla. 5th DCA 2025), is a construction case that doesn’t talk about construction issues. Go figure. Nonetheless, it does touch upon two worthy considerations: (i) admissions in answers to lawsuits; and (ii) fictitious names. Both issues apply to construction disputes. In this case, plaintiff sued a person d/b/a (doing business […]

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Just because you are pursuing a claim for unjust enrichment does not mean you don’t have to still prove your damages with a reasonable degree of certainty. You ABSOLUTELY do: Under Florida law, unjust enrichment damages must reflect the reasonable value of the plaintiff’s labor and costs expended for the benefit of the defendant or […]

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Constructing licensing is governed under Florida Statutes Chapter 489. Under Florida Statute s. 489.128, an unlicensed contractor has NO rights or remedies. Stated differently, an unlicensed contractor is “sh*t out of luck!”.   However, what’s been complicated, and it really shouldn’t be, is what contractors need to be licensed through the state of Florida by the […]

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A non-construction case touches upon important considerations regarding arbitration and agency principles. Agency principles matter and while this case deals with agency principles relative to arbitration, the principles can be extrapolated to a variety of scenarios. Here are the key facts in the case. A mother obtained tickets to a football game and brought her […]

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A contract is a contract. It should say what it means and means what it says.  A release is construed like a contract. A change order or bilateral modification is construed like a contract. The decision out of the United States Court of Federal Claims, B.L. Harbert International, LLC v. US, 2025 WL 914388 (Fed.Cl. […]

The post A CONTRACT IS A CONTRACT: RELEASES AND CHANGE ORDERS / BILATERAL MODIFICATIONS ARE CONSTRUED AS CONTRACTS appeared first on Florida Construction Legal Updates.