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Recent Posts

THE CARDINAL CHANGE DOCTRINE

Posted on 15 May, 2012
The cardinal change doctrine is a doctrine that originated from government contract work in the United States Court of Federal Claims and, until recently, was not really discussed or applied in a Florida case. This changed when the Southern District of Florida in Hartford Casualty...

BUTTONING-UP CONTRACTUAL INDEMNIFICATION LANGUAGE

Posted on 15 May, 2012
A contractual indemnification provision is one of the most important provisions in construction contracts.   Owners want to be indemnified from the general contractor to the extent a person or entity performing a scope of the general contractor’s work asserts a claim against the owner or a...

STATUTORY IMPLIED WARRANTIES FOR CONDOMINIUM ASSOCIATIONS

Posted on 4 March, 2012
Statutory implied warranties are a valuable tool for condominium associations (as well as purchasers of units) of newly formed condominiums.  The warranties provide the association with direct claims to assert against the developer, the general contractor, subcontractors, and even suppliers, if...

A CONTRACTOR’S RIGHT TO SET-OFF AMOUNTS FROM A SUBCONTRACTOR

Posted on 18 February, 2012
Oftentimes, subcontractors perform trade work for the same contractor on multiple projects.  Because of this, it is practical for contractors to include in the subcontract a provision that authorizes them to set-off the subcontract amount due to any defects, breaches, etc. by the subcontractor that...

A CONSULTING ENGINEER / ARCHITECT’S PROTECTION FROM A NEGLIGENCE CLAIM BY A CONTRACTOR

Posted on 27 November, 2011
The case of Recreational Design & Construction, Inc. v. Wiss, Janney Elstner & Associates, Inc., 2011 WL 5117163 (S.D.Fla. 2011), is a recent case discussing whether an independent engineering firm hired as a consultant by an owner can be liable to the general contractor for...