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Florida Construction Legal Updates

In a recent post I talked about a liquidated damages provision in construction contracts.  I participated in a panel on this very topic devoted to discussing the application and enforceability of liquidated damages provisions.   I was involved in discussing the application of liquidated damages provisions in terminated contracts, in addition to the flow-down of […]

The post CONSIDERATIONS WHEN DEALING WITH AN ASSESSMENT OF LIQUIDATED DAMAGES appeared first on Florida Construction Legal Updates.

Author: David Adelstein
Posted: January 22, 2022, 11:04 am

In construction, the adage “Time is Money!” rings true for all parties involved on a project.  This includes an owner of a project that wants a project completed on time, i.e., by a substantial completion date.   While substantial completion is often defined as when an owner can use a project for its intended purpose, […]

The post “TIME IS MONEY!” IN CONSTRUCTION AND THIS IS WHY THERE IS A LIQUIDATED DAMAGES PROVISION appeared first on Florida Construction Legal Updates.

Author: David Adelstein
Posted: January 15, 2022, 8:47 pm

On a construction project, it’s hard to argue that the involved parties — whether an architect, engineer, contractor, subcontractor, developer, etc. — are not experts in their field, i.e., they all some scientific, technical, or specialized knowledge or skill particular to their industry.  However, this does NOT mean when they testify in trial, at an […]

The post JUST BECAUSE I MAY BE AN “EXPERT” DOES NOT MEAN I AM GIVING EXPERT TESTIMONY appeared first on Florida Construction Legal Updates.

Author: David Adelstein
Posted: January 8, 2022, 3:29 pm

I did a presentation on types of insurance for construction projects outside of builder’s risk insurance.   The presentation briefly discussed insurance beyond commercial general liability, commercial automobile liability, and workers compensation and employer’s liability insurance. There are many other insurance products that are relied on and needed to cover the MANY risks that contractors face […]

The post QUICK NOTE: TYPES OF INSURANCE FOR CONSTRUCTION PROJECTS appeared first on Florida Construction Legal Updates.

Author: David Adelstein
Posted: January 2, 2022, 3:34 pm

When an association files a lawsuit pertaining to matters of common interest, the lawsuit is typically filed as a class on behalf of the owners that make up the association (i.e., the association’s members).  How do you deal with an arbitration provision that is included in an owner’s purchase-and-sale agreement or recorded in the deed? […]

The post ASSOCIATION BOUND BY ARBITRATION PROVISION IN PURCHASE-AND-SALE CONTRACTS AND DEEDS appeared first on Florida Construction Legal Updates.

Author: David Adelstein
Posted: December 24, 2021, 12:34 pm

If you are a landlord / lessor, then you want to maximize the protections afforded to you under Florida’s Lien Law in Florida Statute s. 713.10.  These protections are designed to protect your property from liens for improvements performed by your tenant / lessee.  The intent is that if you comply with s. 713.10, then […]

The post LIEN ATTACHES TO LANDLORD’S INTEREST WHEN LANDLORD IS PARTY TO TENANT IMPROVEMENT CONSTRUCTION CONTRACT appeared first on Florida Construction Legal Updates.

Author: David Adelstein
Posted: December 19, 2021, 2:52 pm

When a lis pendens is recorded and the underlying action is NOT based on a duly recorded instrument and is NOT a construction lien action, an evidentiary hearing should generally be held to determine: (a) whether there is a fair nexus to support the basis of the lis pendens, and if so, (b) the amount […]

The post QUICK NOTE: DETERMINING “FAIR NEXUS” TO SUPPORT LIS PENDENS appeared first on Florida Construction Legal Updates.

Author: David Adelstein
Posted: December 12, 2021, 4:45 pm

It is a good idea to know what your insurance covers and does not cover.  This way, if your course of business has you performing a certain (risky) operation, you know whether that operation is covered or excluded under your policy.  If you are not sure, discuss with your insurance broker — this is important. […]

The post KNOW WHETHER YOUR COURSE OF BUSINESS OPERATIONS ARE COVERED OR EXCLUDED BY YOUR INSURANCE appeared first on Florida Construction Legal Updates.

Author: David Adelstein
Posted: December 11, 2021, 3:55 pm

When it comes to insurance contracts, there is a rule of law that states, “where interpretation is required by ambiguity in insurance contracts[,] the insured will be favored.”  Pride Clean Restoration, Inc. v. Certain Underwriters at Lloyd’s of London, 46 Fla. L. Weekly D2584a (Fla. 3d DCA 2021) (citation and quotation omitted).  Stated another way: […]

The post AN INSURANCE POLICY ISN’T AMBIGUOUS JUST BECAUSE YOU WANT IT TO BE appeared first on Florida Construction Legal Updates.

Author: David Adelstein
Posted: December 5, 2021, 2:50 pm

When it comes to construction disputes, a Florida Deceptive and Unfair Trade Practices Act (known by its acronym “FDUTPA”) claim is not commonly asserted.  A FDUTPA claim is a statutory claim under Florida Statute s. 501.201 en seq.  This claim is NOT easy to prove, particularly in the construction context.  Sometimes, a party will assert […]

The post ALLEGING AND PROVING A FLORIDA DECEPTIVE AND UNFAIR TRADE PRACTICES ACT (FDUTPA) CLAIM appeared first on Florida Construction Legal Updates.

Author: David Adelstein
Posted: November 25, 2021, 3:59 pm
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